Legitimate Expectations and the “Right” to State Aid
Legitimate expectations can only be created by EU institutions giving unambiguous and unconditional assurances. No […]
Archiv
Is Anyone who is Affected by State Aid an “Interested Party” that can Challenge a Commission Decision?
A non-competitor cannot normally claim to be “interested party”. The Commission does not have to […]
Security of Supply May Justify a Deviation from Public Procurement Rules
Security of supply justifies a deviation from the normal procurement procedures as long as the […]
What the Commission Must Find Out in the Preliminary Examination of State Aid: The Lessons from Tempus Energy on what is Sufficient Information
The Commission must open the formal investigation procedure when it has serious doubts based on […]
A Faulty Sale Procedure Can Lead to Presumption of State Aid and Annulment of a State Aid Decision
A sale of public assets cannot be presumed to be free of State aid when […]
Market Economy Operator Test: Timisoara Airport & Wizz Air
Public funding of activities that fall within the remit of the state does not constitute […]
Pricing of Guarantees
A market guarantee premium must cover all costs assumed by the guarantor including the cost […]
Assignment of Public Service Obligations
The compensation for public service obligations may include reasonable profit and incentives for cost reduction. […]
Public Funding of an Undertaking in a Closed Sector
Public funding of undertaking in a closed sector [legal monopoly] does not distort competition and […]
It is Difficult to Challenge a Commission Decision Opening the Formal Investigation Procedure
The assessment of the Commission in an “opening decision” is only provisional. The Commission is […]