A Surprising Interpretation of the Concept of Selectivity
Tax measures are selective when they constitute an exception or deviation from the normal or […]
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The First Application of the New GBER to Sport Infrastructure
Public funding of local sport infrastructure may constitute State aid. The granting of a concession […]
Land Transactions: Commercial Deals v Regulatory Acts
Regulation on land use or changes in such regulations do not constitute State aid. Administrative […]
Recovery of State Aid and Penalty for Failing to Recover Incompatible Aid
Extension of an existing aid measure results in the granting of new aid. Only conditions […]
Reduction of Property Taxes and Electricity Tariffs
Relief from property tax is State aid even when the user of the property is […]
The Market Economy Investor Test Applied to a Financially Troubled Company
Public funding of an undertaking is free of State aid when it is accompanied at […]
A Measure is Selective if its Application is Narrower than the Scope of the Objective it Seeks to Achieve
A measure is attributed to a decision of a Member State if it is allowed […]
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 […]
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 […]