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30. Januar 2024 | State Aid Uncovered von Phedon Nicolaides

Non-contractual Liability in the Field of State aid

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Introduction The Commission, in its control of State aid, occasionally makes mistakes. EU courts may annul erroneous Commission decisions. This raises the question whether affected undertakings may ask for compensation. The answer is that in order to be eligible for compensation, an undertaking must have suffered damage as a result of an error that constitutes a “serious breach” of EU […]

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19. September 2023 | von Phedon Nicolaides

When Are Decisions of State-owned Companies Imputed to the State?

Introduction According to Article 4 of Regulation 2015/1589 [the Procedural Regulation], when the Commission, after a preliminary examination of a State aid measure, has doubts as to the absence of State aid or the compatibility of the aid with the internal market, it must open the formal examination procedure. The case law says that doubts arise when the Commission encounters […]

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9. März 2021 | State Aid Uncovered von Phedon Nicolaides

Can the Decision of a Private Entity be Imputed to the State?

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A measure is imputable to the state whenever the state is involved in its adoption or shapes the decision that leads to its adoption. Introduction One of the trickiest aspects of determining whether a financial transaction involves State aid is its attribution or imputation to a decision of the state, especially when the entity providing the funding is private. Private […]

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