Is ENEA The New PreussenElektra? journal article Theodoros Iliopoulos European State Aid Law Quarterly, Volume 17 (2018), Issue 1, Page 19 - 27 In September 2017, the time came for the momentous but also controversial PreussenElektra formula to be applied again. In ENEA, not only did the CJEU confirm the PreussenElektra dogma, but it also expanded on its previous case law. Thus, a narrow interpretation of the notion of aid ‘granted by State or through State resources’ seems to be re-established. Therefore, ENEA has the potential to prove an influential judgment that will determine the design of national aid schemes and will contribute to the development of State aid law. This article analyses the ENEA judgment in light of previous CJEU landmark cases and raises certain questions concerning its implications. Keywords: ENEA; PreussenElektra; State Resources; Imputability.
Judgment By Formula: Regulatory Form and the Differentiation of Fiscal Measures and Non-Fiscal Measures in EU State Aid Law Christopher McMahon