Compensatory Payments and State Resources
Funds used in compensation mechanisms mandated by the state become state resources Introduction The Court […]
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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 […]
Security of Supply May Justify a Deviation from Public Procurement Rules
Security of supply justifies a deviation from the normal procurement procedures as long as the […]
What the Commission Must Find Out in the Preliminary Examination of State Aid: The Lessons from Tempus Energy on what is Sufficient Information
The Commission must open the formal investigation procedure when it has serious doubts based on […]
A Faulty Sale Procedure Can Lead to Presumption of State Aid and Annulment of a State Aid Decision
A sale of public assets cannot be presumed to be free of State aid when […]
Market Economy Operator Test: Timisoara Airport & Wizz Air
Public funding of activities that fall within the remit of the state does not constitute […]
Pricing of Guarantees
A market guarantee premium must cover all costs assumed by the guarantor including the cost […]
Assignment of Public Service Obligations
The compensation for public service obligations may include reasonable profit and incentives for cost reduction. […]