On 21 March 2024, the EFTA Court rendered a judgment overturning the EFTA Surveillance Authority's (ESA) Decision on unlawful State aid concerning the maintenance of streetlight infrastructure in Norway.
In its initial decision, the ESA had determined that the Eviny group of undertakings had received excessive compensation for their role in maintaining and operating streetlight infrastructure in Bergen. This overcompensation was deemed as unlawful State aid.
Eviny brought an action for annulment against ESA's decision, primarily questioning the reliability of the evidence upon which the ESA's conclusions were based. The EFTA Court noted that ESA had failed to justify the exclusion of certain data from its assessment and had not considered all pertinent information.
As a result of these findings, the EFTA Court annulled ESA’s Decision. Unlike cases before the General Court, this judgment stands as final, with no avenue for further appeal.
For further information: see EFTA Court’s judgement