First Case of a “Private Debtor” Test?
A public authority acting as a “private debtor” tries to minimise the amount that it […]
Archiv
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 […]
Compensatory Payments and State Resources
Funds used in compensation mechanisms mandated by the state become state resources Introduction The Court […]
Market Economy Operator
Comparing prices charged by different airports is not a suitable method for detecting the existence […]
Legitimate Expectations and the “Right” to State Aid
Legitimate expectations can only be created by EU institutions giving unambiguous and unconditional assurances. No […]
Is Anyone who is Affected by State Aid an “Interested Party” that can Challenge a Commission Decision?
A non-competitor cannot normally claim to be “interested party”. The Commission does not have to […]