Judgment_paragraph 61 · Est Wind Power OÜ v AS Elering (C-11/22)

61That finding is not invalidated by the considerations set out in paragraphs 61 and 68 of the judgment of 5 March 2019, Eesti Pagar (C‑349/17, EU:C:2019:172). It is true that, in those paragraphs, the Court, in essence, precluded the competent national authorities from carrying out complex economic assessments on a case-by-case basis and limited the power of those authorities to findings of a factual or formal nature. However, such a limitation was found with respect to the application of Article 8(2) of Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Articles [107 and 108 TFEU] (General block exemption regulation) (OJ 2008 L 214, p. 3), which must be applied uniformly across the Member States by means of clear and easily applicable criteria. In addition, those considerations related to a presumed or actual incentive effect of the aid concerned.

Est Wind Power OÜ v AS Elering (C-11/22)

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