Is ENEA the New PreussenElektra?

Abstract

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.