Baker & McKenzie represented the Hungarian energy company, MOL, in its successful challenge of a Commission decision alleging that MOL had received illegal state aid to the tune of HUF30.386 billion (approximately EUR103 million at today's exchange rate). The annulment of the Commission's decision fully vindicates MOL and entitles it to a full refund plus interest.

Baker & McKenzie fielded a Brussels-based team composed of partner Fiona Carlin, counsel Nina Niejahr and associates Melissa Healy and Christiaan van der Meer.

The EU General Court has upheld MOL's central argument that mining fees payable pursuant to a 2005 mining agreement concluded with the Hungarian government did not confer on it any preferential treatment vis-à-vis its competitors.

Fiona Carlin said, "This is an important judgment that reiterates the EU Court's readiness to put the onus on the Commission to properly substantiate its case.  As a legal principle two independent, successive State measures can constitute a single State aid measure if there is a sufficient nexus linking them.  In this case, the Commission did not provide sufficient reasoning to convince the Court that such a nexus existed between the disputed elements at issue."

This annulment decision is the latest in a series of major wins for Baker & McKenzie's competition practice in the European Courts.  In 2011 the group had two cartel fines annulled, while in 2013 they successfully represented complainant FedEx in blocking the US$5.2 billion UPS/TNT phase II merger and secured a fine reduction of €205 million for the former American Standard group in the long-running bathroom fittings and fixtures cartel case.