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 […]
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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 […]
Management of Port Infrastructure through a very long Concession Contract: Is the Funding Gap Method Meaningful?
Competitive selection of the operator of an infrastructural facility normally eliminates State aid. However, modifications […]
The Profitability of an Investment Must be Determined Ex Ante
Internal transfer of capital which is not used to fund new economic activities is not […]
Benchmarks of Profitability for Private Investors
A public authority that injects capital in an undertaking [or provides any other kind of […]
Sale of Public Assets, SGEI and Electricity Levies
Revenue from levies on electricity users is most likely to constitute State resources. Public service obligations […]
Capital Injection that Turns out to be Incompatible State Aid
Public authorities and the entities they control need to ensure that injection of public money […]