Landwarme v. Commission – a potential boon for unsubsidised biomethane

On 21 December 2022, the European Court annulled the EC’s approval of the Swedish state aid scheme for biomethane, which is eligible for an excise exemption, following action brought about by Landwärme GmbH. The court determined that beneficiaries of biomethane are overcompensated by the scheme due to cumulation with other support schemes, namely production subsidies, in other member states.