Judgment of the General Court (Sixth Chamber) of 13 February 2012.#Budapesti Erőmű Zrt v European Commission.#State aid — Wholesale electricity market — Favourable terms granted by a Hungarian public undertaking to certain power generators under power purchase agreements — Decision to initiate the procedure laid down in Article 88(2) EC — Decision declaring the aid incompatible with the common market and ordering its recovery — New aid — Private investor test.#Joined Cases T‑80/06 and T‑182/09.

Subject of the case

Re:

APPLICATION, in Case T‑80/06, for annulment of the Commission’s decision, notified to Hungary by letter of 9 November 2005, to initiate the procedure laid down in Article 88(2) EC in relation to State aid C 41/2005 (ex NN 49/2005) — Hungarian Stranded Costs, and, in Case T‑182/09, for annulment of Commission Decision 2009/609/EC of 4 June 2008 on the State aid C 41/05 awarded by Hungary through Power Purchase Agreements (OJ 2009 L 225, p. 53).

Operative part

Operative part

The Court:

1. Dismisses the actions;

2. Orders Budapesti Erőmű Zrt to pay the costs.