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Case C-11/22 Est Wind Power OÜ v Elering AS · Annotation by Militsa Kostova

Annotation of the Court of Justice of the European Union (First Chamber) of 12 October 2023 in Case C-11/22 Est Wind Power OÜ v AS Elering

Militsa Kostova


Keywords: Start of Works, Incentive Effect, Legitimate Expectations, GBER, Investment Aid

The ‘start of works’ criterion as an obstacle to the fulfilment of the formal incentive effect and use of the GBER, has received little attention in academic writing. At the same time, it has created a lot of headaches on the ground - for both practitioners and national authorities. The bar for works to start is traditionally considered rather low, particularly after Eesti Pagar. Surprisingly, a new judgment about something else entirely may cautiously blow the winds in a new direction, including for the formal incentive effect criterion.

Senior Legal Officer at the Competition and State Aid Department of the EFTA Surveillance Authority. She has previously worked in the Norwegian national administration, again focusing on state aid matters. Special thanks to Vaido Poldoja for useful discussions.


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