The Mysterious “Substantial” Competitive Effect
State aid has a “substantial” effect on competitors when it has a direct and negative […]
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I. The Commission Need not Always Open the Formal Investigation Procedure before Correcting a Faulty Decision II. Fines for Failure to Recover Incompatible Aid
The formal investigation procedure need not be re-opened when the fault lies in the legal […]
Duplication of Infrastructure Does not Promote Regional Development
A private investor is not interested in regional development. A private investor recoups its investment […]
A Non-Selective Financial Tax with a Narrow Scope
The scope of a tax must be objectively defined in order for those excluded from […]
Private Creditor and the Ability of the Debtor to Repay
There are no rules as to the promptness with which a private creditor must act […]
Public Funding of an Energy Infrastructure Project
State aid up to 100% of the funding gap of a project can be compatible […]
How to Determine Selectivity
A measure is selective when it excludes undertakings that are equally capable of contributing to […]
Illegal Aid Cannot be Regularised a Posteriori
A Commission decision finding non-notified aid to be compatible with the internal market cannot remedy […]
First Case of a “Private Debtor” Test?
A public authority acting as a “private debtor” tries to minimise the amount that it […]
An Unusual Case of a “Self Notification” of State Aid by an Aid Beneficiary
Aid beneficiaries may not “notify” State aid to the Commission. Only Member States may notify […]