Regulatory Measures Are not State aid & Trade Unions Are not “Interested Party”
Introduction This article reviews two recent judgments dealing with the concept of state resources and […]
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Compensation for Damage
Introduction On 9 November 2022, the General Court followed its previous judgments in cases concerning […]
Public Authorities Acting as Private Investors
It is a well-established principle in the case law that when a public authority acts […]
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 […]
Member States Must Recover of their Own Initiative Illegally Granted Aid
Aid granted illegal must be recovered by the granting authority without any need for a […]
Illegal Aid Cannot be Regularised a Posteriori
A Commission decision finding non-notified aid to be compatible with the internal market cannot remedy […]
An Unusual Case of a “Self Notification” of State Aid by an Aid Beneficiary
Aid beneficiaries may not “notify” State aid to the Commission. Only Member States may notify […]
Member States Beware: Compliance with the GBER and the SME Criteria has just Become more Difficult
I am grateful to Péter Staviczky for comments on an earlier draft of this article. […]
The Non-economic Nature of Certain IT Services for Higher Education
Publicly funded educational services are not economic in nature. Activities intrinsically linked to public tasks […]
i) Investor-State Arbitration ii) Recovery of Incompatible State Aid iii) State Aid Scoreboard 2019
Member States abolish bilateral investment treaties between themselves. When the Commission orders recovery of incompatible […]