A Public Authority Can Behave Like a Private Investor even when the Beneficiary Has Little Prospect of Future Profitability
Introduction When a public authority invests in an undertaking, it must earn a return at […]
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A Case of Public Funding of Infrastructure that Does not Constitute State Aid: But Many Questions Remain
Introduction After the landmark judgment in Leipzig-Halle, public authorities are justifiably careful to ensure that […]
The Offsetting of a Structural Disadvantage Is still State Aid
Introduction Normally it is conceptually and technically fairly easy to determine whether an undertaking benefits […]
The Emerging Doctrine of Inseparability and Compensation for Public Service Obligations [T-347/09, Germany v Commission]
Introduction In the landmark judgment in Leipzig Halle, the General Court stated that infrastructure which […]
Privatisation of Aeroportos de Portugal: Conflict between the National Economic Adjustment Programme and State Aid Rules?
Background Portugal notified to the Commission the privatisation of the “Aeroportos de Portugal” [ANA] for […]
Altmark and Public Procurement: Definition and Award of Contracts
Introduction Ever since the Court of Justice ruled on Altmark ten years ago there has […]
Selectivity and Administrative Discretion
On 18 July 2013, in case C-6/12, the Court of Justice of the European Union […]
The Confusion between Necessity and Proportionality of State Aid [Case SA.35738: Public Funding of Port Infrastructure]
Introduction Several postings in this blog have examined cases concerning funding of port, airport or […]
The Flexible Boundary between Economic and Non-economic Activities
This is a rather long posting divided into two parts both of which deal with […]
How to Use Economic Tools to Ensure the Proportionality of Aid (Commission Decision SA.34938 on a gas storage facility in Poland)
Introduction Normally, economic analysis is used by the Commission to find out whether a measure […]