Answer to a written question – Urgent clarification following the ruling in Case C-59/23 Austria v Commission (Paks II nuclear power plant) by the Court of Justice of the European Union – P-003652/2025(ASW)

F ollowing the judgment of the Court of Justice of 12 September 2025, the Commission decision of 6 March 2017 declaring the state aid compatible has been annulled. In its judgment, the Court of Justice considered that the public procurement procedures for the construction of nuclear power plants were ‘inextricably linked’ to the State support and needed to be examined more thoroughly in the Commission’s decision. The judgment of the Court of Justice is final and cannot be appealed.

Following the annulment of the final decision, the state aid control procedure is again with the Commission, back at the stage after adoption of the decision to initiate the formal investigation procedure under Article 108(2) of the Treaty on the Functioning of the European Union (TFEU). The Commission will assess the impact of the ruling on the investigation and decide on the next steps . The Commission cannot, at this stage, prejudge the outcome of that investigation.

It is first and foremost an obligation for the Member State to ensure compliance with all applicable legislation.