(Series Information) European Papers - A Journal on Law and Integration, 2019 4(2), 629-640 | European Forum Insight of 21 June 2019 | (Table of Contents) I. Introduction. - II. Brief overview of the criterion of State resources. - III. The main characteristics of the EEG 2012. - IV. The reasoning of the Court of Justice. - IV.1. Assimilation of the EEG surcharge to a levy. - IV.2. Dominant Influence of the public authorities over the EEG surcharge. - IV.3. Action of the TSOs as administrators of aid. - V. Potential Implications of the Judgment. - V.1. Implications for the notion of State aid. - V.2. Implications for renewable energy support mechanisms. | (Abstract) EEG 2012 (judgment of 28 March 2019, case C-405/16 P, Germany v. Commission) deals with the assessment under EU State aid rules of a German renewable energy support mechanism in force from 2012 to 2014. The case hinged on the proper interpretation and application of the criterion of State resources. The Court of Justice set aside the judgment of the General Court on the basis that it had erroneously concluded that the measure involved State resources and thus constituted State aid, and annulled the decision of the Commission. The ruling is important as it contributes to clarifying the concept of State resources, while raising at the same time new issues regarding the proper analytical framework to determine when funds are deemed to remain constantly under public control. It reflects a rather formalistic interpretation of the notion of State resources and represents a warning to the Commission not to stretch the boundaries of this notion too far. The judgment also has significant implications for renewable energy support mechanisms, in particular those based on a system of guaranteed prices set above market rates. It will make it more difficult for the Commission to establish that such mechanisms constitute State aid and thus provide EU Member States with more flexibility in devising measures of this type without falling within the scope of EU State ...