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Tempus was notably arguing that the scheme discriminated towards demand-side response operators by disfavouring them within the auctions and within the capacity contracts for which they have been eligible, compared to power turbines. DSR provides flexibility providers by which companies and shoppers can turn up, turn down, or shift electricity demand in real-time. On 15 November 2018 (T-793/14), the General Court (‘GC’) upheld Tempus’ action and found that the Commission ought to have opened a proper investigation on the scheme based mostly on Article 108 TFEU . The GC considered that the observations from third events, the length of the …

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