The Commission’s White Paper on Foreign Subsidies: A Real Problem that Needs Sharper Tools
The European Commission proposes new instruments to counter unfair foreign subsidies and acquisition of European […]
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Direct v Indirect Advantages: The Case of Sardinian Airports
Public funding that flows through intermediaries to third parties also counts as a state resource […]
Private Investor and Preferential Regulatory Treatment
The existence of an advantage has to be proven, not presumed just because its absence […]
i) Investor-State Arbitration ii) Recovery of Incompatible State Aid iii) State Aid Scoreboard 2019
Member States abolish bilateral investment treaties between themselves. When the Commission orders recovery of incompatible […]
State Aid for i) Water Development ii) Travel
Aid to individuals in the context of social policy is compatible with the internal market […]
No New Aid to Undertakings that Have not Yet Repaid Incompatible Aid
There is no rule in EU law obliging Member States to grant State aid. The […]
Advantage Must be Proven, Not Assumed
The European Commission has to consider whether the private investor principle is applicable in cases […]
Non-recovery of Incompatible State aid Is Costly
Legal and practical difficulties in the recovery of incompatible State aid do not constitute justifiable […]
Identification of Undertakings in Difficulty
A company is in difficulty if, in practice, its accumulated net losses exceed 50% of […]
How to Price a Guarantee
The pricing of a guarantee must take into account not only the financial situation of […]