National Court May Order Recovery of Illegal Aid that Is Considered Existing Aid
Introduction The European Commission is required by Regulation 2015/1589 to order recover of State aid […]
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State Resources Include all the Resources that Can be Directed by the State for its own Purposes
Introduction On 12 January 2023, the Court of Justice delivered its judgment in joined cases […]
Has an Economic Myth Become a Legal Fact? The Case of Turnover Taxes
Progressive turnover taxes are not contrary to the freedom of establishment or the right of […]
Enforcement of State Aid Rules by National Courts
Private enforcement has increased, but damages for illegal granting of State aid have been successfully […]
EU Rules do not Impose a Time Limit on the Power of National Courts to Deal with Non-notified Aid
State aid may affect trade even when the market concerned is not liberalised. This can […]
Pari Passu Is not Static
When comparing the behaviour of public and private creditors, it is necessary to ensure that […]
Existing v New Aid and Role of National Courts
Modification of an existing aid measure turns it into a new aid measure if it […]
Non-economic Activities, Absolute Impossibility to Recover Incompatible Aid and the Powers of National Courts
This article reviews three judgments that were all rendered on 15 September 2016. The first […]
i) New v Existing State Aid ii) Exemption from VAT and Attribution to Member States iii) The Duty of National Courts to Protect Competitors from Illegal State aid
Aid that pre-exists the entry of a Member State into the EU is “existing” and […]
The Role of National Courts in Recovery of Incompatible State Aid
Introduction In December I examined the judgment in the case of Lufthansa v Frankfurt-Hahn, which […]