i) State Aid Can Be Attributed to the State even when Granted via Faulty Procedures ii) Who Can Challenge a Commission Decision Authorising State Aid?
For a measure to constitute State aid, it must, among other things, be attributed to […]
Archiv
Advantage from High Entry Prices: Can It Be That Both the Commission and the General Court Have Misunderstood Simple Economics?
Price regulation can constitute State aid if the state forgoes potential revenue. However, for price […]
i) Domestic Legal Problems Do Not Make the Recovery of Incompatible Aid Absolutely Impossible ii) Role of National Courts in Cases of Non-notified Aid
The only defence for non-recovery of incompatible State aid is absolute impossibility. Obstacles in domestic […]
The Jurisdictional Side of Selectivity
A measure determined independently by similar public entities is not selective even if it varies […]
Restructuring Aid Approved on Condition that the Beneficiary Is Sold to Highest Bidder
The Commission has wide discretion in assessing the compatibility of State aid with the internal […]
Simultaneity of Investments by Public and Private Investors is a Necessary but not Sufficient Condition for Public Investments to be Free of State Aid
If a public authority guarantees a loan to a company that is in financial difficulty […]
Not Surprisingly, Another Member State Fails to Prove Compliance with the Altmark Criteria
Maintaining capacity that is necessary for the provision of normal services cannot be classified as […]
Compensatory Payments Can be State Aid
Article 107(1) also applies to payments that offset the damage caused by natural disasters. It […]
Levying Taxes to Fund Public Broadcasters
Taxes may not be examined by the Commission in the context of Article 107 even […]
A Textbook Case of i) How to Sell Public Assets without Passing on Incompatible State Aid to the Buyer, and ii) How to Work together with the Commission
An undertaking that has received incompatible State aid must pay it back or, if it […]