Deviations from the EU’s VAT Rules May Constitute State Aid
Executive Summary: Exemptions mandated by the VAT Directive do not constitute state aid because they […]
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The State Can Confer an Advantage without Committing State Resources
Executive Summary: For a public measure to constitute state aid, it must be funded by […]
No Imputability to the State of Investment by a State Enterprise
Introduction The past three articles have dealt with cases where the Commission or an EU court […]
Regulatory Acts such as the Granting of Betting Rights May Not Constitute State Aid
Introduction Regulatory acts that confer a selective advantage without involving any transfer of state resources […]
Competitors of Recipients of State Aid Can Challenge Aid Measures only when they Can Prove they Have “Legal Standing”
Introduction Perhaps paradoxically, a public authority can adopt a measure that confers an advantage to […]
The Regulation v Exploitation of a State Asset
Introduction State assets which are put at the disposal of undertakings must be made available […]
Does the State not Control the Resources whose Use Is Defined by Law?
Introduction Germany has been very creative in devising measures of support of renewable sources of […]
Revenue from a Compulsory Charge Is a State Resource
Introduction On 26 September 2024, the Court of Justice [CJEU] delivered four judgments in four […]
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 […]