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13. Oktober 2020 | State Aid Uncovered von Phedon Nicolaides

Market Economy Operator Principle: The Case of FIH

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Negotiated transactions are not necessarily market conform. Update on Temporary Framework: Number of approved and published covid-19 measures, as of 9 October 2020: 295* Legal basis: Article 107(2)(b): 32; Article 107(3)(b): 248; Article 107(3)(c): 23 – Average number of measures per Member State: 10.5 – Median number of measures per Member State: 12 – Mode number of measures per Member […]

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20. April 2015 | State Aid Uncovered von Phedon Nicolaides

Land Development

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The sale of land and buildings owned by a public authority conforms with the market economy operator principle when i) it is profitable, ii) there is no alternative transaction that is economically more attractive, and iii) the sale is as profitable as similar transactions concluded at the same time. Introduction The article examines Commission decision 2015/507 concerning the sale […]

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12. April 2013 | State Aid Uncovered von Phedon Nicolaides

Objectively Justified Pricing: The Market Economy Operator Principle

Introduction: Objective justification of price differentiation In a landmark judgment 25 years ago [February 1988], the Court of Justice established that business behaviour that appears to deviate from normal market practices can still conform with the market economy operator principle [MEOP] which is a variation of the better known market economy investor principle [MEIP]. Both principles are based on the […]

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