The Limits of the Competence of National Courts to Review the Implementation of Approved Aid Schemes
Introduction National courts have competence to determine the existence of State aid and whether State […]
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When Does Existing Aid Become New Aid?
Introduction New State aid schemes have to be notified to the Commission for prior authorisation. […]
State Aid May Have an Incentive Effect Even After the Start of Work: But Would it Favour Inefficient Operators?
Introduction Perhaps the most important aspect of the compatibility of State aid with the internal […]
State Resources Include all the Resources that Can be Directed by the State for its own Purposes
Introduction On 12 January 2023, the Court of Justice delivered its judgment in joined cases […]
The Standard of Proof in State Aid Complaints and the “Informational Disadvantage” of Complainants
The Commission must use its investigative powers to seek clarification from Member States in order […]
When Does an Amendment of an Existing Aid Make it a New Aid?
Existing aid becomes new aid if any amendment affects the assessment of its compatibility with […]
Existing Aid, New Aid and Retroactive Application of a Block Exemption Regulation
Changes to approved aid measures result in new aid. Only purely formal or administrative changes […]
Existing v New Aid and Role of National Courts
Modification of an existing aid measure turns it into a new aid measure if it […]
1) Selectivity of Health Tests 2) Existing v New Aid in Preferential Electricity Tariffs
A measure can be selective even if it applies to a whole sector. An existing […]