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 […]
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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 […]
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 […]