The Legal Basis of the (In)compatibility of Aid Must be Clear
The European Commission may withdraw a decision, but before it adopts a new decision it […]
Archiv
i) Transfer of State Resources, ii) Non-recovery of Incompatible Aid, iii) Primacy of Agricultural Policy over Competition Policy
Private resources that come under the control of a public authority become state resources. The […]
Existing v New Aid
Any alteration of an existing aid measure can affect the substance of the measure itself. […]
Indirect v Secondary Effects of State Aid
The prohibition of State aid in Article 107(1) of the Treaty applies both to the […]
Activities Linked to State Prerogatives
Economic activities which cannot be separated from the exercise of public powers cease to be […]
Private Creditor Test
The Commission must apply the private creditor test even if a Member State does not […]
State Resources and Imputability
When the state acts in its capacity as legislator it is not presumed to direct […]
Pitfalls in the Use of De Minimis Aid
Calculating de minimis aid according to the average amount of aid received by undertakings is […]
The Necessity and Proportionality of Regional Aid
The Commission must open the formal investigation procedure when it has serious doubts about the […]
Odysseus and the Sirens: A Rational Market Operator Can Agree to be Bound by the Ruling of an Arbitration Tribunal
A rational market operator can agree to arbitration if there is no reasonable prospect of […]