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A State-Owned Company Acts as a Private Investor – Part II

Part II: Advantage The Commission, first, explained that the “(80) intervention must be considered as […]

A State-Owned Company Acts as a Private Investor

Introduction When a party to a financial transaction is a company that is owned and […]

The Existence of State Aid Must Be Proven on the Basis of Credible Evidence

Introduction This article reviews two cases in which courts found that it had not been […]

Green Energy Certificates

Introduction Certificates that confirm that an undertaking has bought a certain amount of electricity from […]

Obligations Imposed by the State Cannot Justify Tax Exemptions

Introduction Over the past decade or so, the European Commission has found that multiple port […]

Special Tax Treatment for a Major Infrastructure Project

Introduction In April 2013, the Commission received a complaint alleging that State aid had been […]

Public Procurement and State Aid

Introduction A faulty public procurement procedure or the use of discriminatory selection criteria can confer […]

Pricing of Access to Infrastructure for the Treatment of Waste Water

Introduction It is not unusual for EU courts to refer to the Commission’s 2016 Notice […]

An Innovative Risk-Sharing Tool for the Support of an LNG Terminal

Introduction The Commission, in decision SA.102163, authorised State aid for the construction of a terminal […]

The Court of Justice Conflates Objective Justification with Policy Objective, in the context of Public Support of Green Electricity

Introduction Suppose a Member State subsidises the installation of solar panels on the roof of […]