Private Creditor and the Ability of the Debtor to Repay
There are no rules as to the promptness with which a private creditor must act […]
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Public Funding of an Energy Infrastructure Project
State aid up to 100% of the funding gap of a project can be compatible […]
How to Determine Selectivity
A measure is selective when it excludes undertakings that are equally capable of contributing to […]
Illegal Aid Cannot be Regularised a Posteriori
A Commission decision finding non-notified aid to be compatible with the internal market cannot remedy […]
First Case of a “Private Debtor” Test?
A public authority acting as a “private debtor” tries to minimise the amount that it […]
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 […]
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 […]
Public Funding of an Undertaking in a Closed Sector
Public funding of undertakings in sectors closed to competition does not constitute State aid. A […]
6th Revision of the Temporary Framework for Covid-19 State Aid
Introduction On Thursday, 18 November 2021, the European Commission adopted a sixth amendment to the […]
Selectivity and Tax Measures
The reference system for determining the selectivity of a tax measure must have its own […]