The Advantage Criterion and Services of General Economic Interest in EU State Aid Law: An Energy Sector Perspective

This thesis examines the advantage criterion under article 107(1) TFEU and its interaction with Services of General Economic Interest (SGEIs) with a particular focus in the energy sector. It analyses the evolving interpretation of the notion of advantage by the Court of Justice and the European Commission. Emphasis is added on the Altmark judgement and subsequent case law. The thesis explores in depth how State intervention in energy markets through mechanisms such as contracts for difference, feed-in tariffs, green certificate schemes, and tax measures has been assessed under EU State aid rules. It seeks to clarify the boundaries between legitimate public service compensation and unlawful State aid through a critical analysis of case law and Commission practice. It further argues that the European Commission has progressively broadened the concept of advantage and increasingly relied on effects-based reasoning, while the Altmark criteria remain inconsistently applied. Ultimately, the thesis contends that the tension between the market-oriented logic of State aid law and the recognition of SGEIs in the energy sector reflects deeper questions about the role of the State in ensuring secure, affordable, and sustainable energy.