The European Commission has found that a contract between the Danish transmission system operator Energinet.dk and DONG Energy from 2011 to 2015 for the supply of electricity from combined heat and power plants at short notice did not involve any State aid.

The contract required DONG Energy to supply electricity to the network at short notice to ensure the balance and technical stability of the Danish electricity system.
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In 2011 the Commission received complaints alleging that changes to the market for ancillary services in Denmark meant that the State aid to combined heat and power plants previously approved by the Commission in November 2005 overcompensated decentralised combined heat and power plants and that DONG Energy received State aid through the contract for ancillary services.

In 2013 the Commission concluded that combined heat and power plants were not overcompensated and that the aid approved in 2005 remained compatible. At the same time, it opened a formal investigation procedure into the above-mentioned contract with DONG Energy for ancillary services.

The Commission concluded that the contract did not confer a selective advantage to DONG Energy.