Jacques Derenne

e-Competitions Bulletin

• The Energy Regulation Commission splits aid recovery between group companies according to the proportion of its funds (State aid recovery), 26 February 2004 (405 visits)
• The Administrative Court rejects claim for damages for failure to prove the alternative course of action that would have been adopted in the absence of State aid (Kélian), 15 October 2003 (372 visits)
• The Administrative Court awards compensation for losses caused by nullity of contract resulting from authorities’ failure to consider State aid rules (Fontanille), 23 September 2004 (350 visits)
• The Cour de Cassation rejects claim that State aid gave Italian competitor an unfair advantage during a call for tenders (Ducros), 15 June 1999 (381 visits)
• The Paris Court of Appeal holds CDR liable in damages for its lack of diligence during Commission proceedings (CDR v. FG Marine-Stardust), 16 January 2004 (395 visits)
• Administrative Court relies on direct effect of Article 88(3) EC when assessing individual’s right to invoke State aid rules (GEMO), 31 March 2001 (373 visits)
• The Social Security Court makes preliminary reference on the application of Article 87 EC to a tax advantage to medical undertakings performing a public service (Ferring), 11 January 2000 (400 visits)
• The Cour de Cassation seeks preliminary reference on whether tax financing retirement benefits amounted to State aid (Galeries de Lisieux), 16 November 2004 (358 visits)
• The French Cour de Cassation refers questions to ECJ relating to social security exemptions for French laboratories (Laboratoires Boiron), 14 December 2004 (404 visits)
• The French Social Security Court seeks ECJ preliminary reference on whether tax financing retirement benefits amounted to State aid (Casino), 5 April 2005 (441 visits)
• The Belgium Court of Commerce of Brugge rules that the implementation of a State aid measure must be postponed until the EC Commission has finished its investigations (Oostende fish market - AGVO), 12 February 2009 (374 visits)
• The Belgian Civil Supreme Court found that alterations to an existing State aid scheme have to amount to a modification of the system itself to constitute a new aid and for the scheme to be notifiable to the EC Commission (Belgacom), 9 November 2007 (382 visits)
• The Belgian Civil Supreme Court applies the ruling of the ECJ in the Van Calster case and holds that the tax on slaughterhouses does not constitutes unlawful State aid as it is part of an aid scheme declared compatible (Slachthuis Swaegers), 5 December 2008 (712 visits)
• The Belgian Court of arbitration dismisses a claim for the annulment of a national law granting a tax exemption regime to the telecommunication incumbent making a confusion between the competences of the EC Commission and national courts (Belgacom), 19 April 2006 (677 visits)
• The Belgian Civil Supreme Court holds that an alteration to an aid system, which was held to be incompatible with the common market, is to be considered as a new aid and be notified pursuant to Art. 88 EC (Health and Animal Protection Funds), 27 April 2006 (728 visits)
• The Court of Arbitration of Antwerp rules that taxation of insurance contracts is not contrary to Art. 87 EC (NV A.A.), 25 April 2006 (984 visits)
• The Belgian Council of State ruled that there was no need for the procuring entity of a public tender procedure to inquire about the legality of an underlying State aid received by one of the tenderers, 24 April 2008 (709 visits)
• The French Council of State rejects a plea alleging presence of State aid elements in a decree creating a special tax on basic oils (Union des industries chimiques), 5 October 1998 (606 visits)
• The French Council of State entitles recovery of tax payments made under illegal State aid scheme (GEMO), 15 July 2004 (659 visits)
• The French Council of State makes preliminary reference to ECJ to confirm its interpretation of GEMO State aid ruling (Doux), 25 March 2005 (620 visits)
• The French Council of State dismisses syndicate’s claim without considering State aid issues (Syndicat national de l’industrie des viandes), 11 February 2004 (703 visits)
• The Belgian Constitutional Court dismiss as a State aid claim by economic operators seeking the annulment of a law imposing reusable packages more heavily than "one way" packages on the grounds that the Commission has not assessed the compatibility of the measure yet, 13 March 2008 (683 visits)
• The Belgian Constitutional Court finds there was no disguised State aid regarding the underevaluation of costs for operators of nuclear reactors in comparison to the costs borne by other operators (Union professionnelle belge des médecins spécialistes en radiothérapie-oncologie), 15 January 2009 (683 visits)
• The French Council of State refers to the ECJ for preliminary ruling on the extent of the recovery obligation of an unlawful aid later declared compatible by the Commission (CELF I), 29 March 2006 (892 visits)
• The French Council of State orders stay in proceedings regarding the recovery of unlawful aid in the CELF case and refer to the ECJ the question of the extent of the national courts’ obligation in such "exceptional circumstances" (CELF II), 19 December 2008 (594 visits)
• The French Council of State ignores State aid based claim and rules that the legality of administrative notices cannot be contested by individuals (Confédération française de la boucherie), 28 July 2000 (710 visits)
• The French Administrative Court of Melun rejects a claim that tax on carcass disposal service constitutes unlawful State aid (Picard Surgelés) , 11 March 1999 (646 visits)
• The French Administrative Court of Orléans denies State aid qualification to carcass disposal scheme on grounds of service of general economic interest - confirming other lower Courts’ rulings (Sobledis), 8 August 2000 (721 visits)
• The French Administrative Court of Dijon denies State aid qualification to carcass disposal service tax on basis of Art. 86.2 EC (Nevers Viandes), 25 May 2000 (679 visits)
• The French Administrative Court of Caen confirms a lower court’s ruling denying State aid qualification to measures concerning carcass disposal service case (Uniservice Distribution and Honfleur Distribution), 2 December 1999 (787 visits)
• The French Administrative Court of Lille rules that tax payers are entitled to refuse payment of taxes under carcass disposal scheme due to failure to notify scheme to EC Commission as required by State aid provisions (Lianoudis), 21 December 2000 (724 visits)
• The French Administrative Court of Nancy annulls a judgement having declared admissible the order for repayment of the tax on advertisement expenses constituting unlawful State aid (Fagnières Distribution; Pierrydis; Chamdis; Sodichamp; Eperdis), 20 March 2008 (712 visits)
• The French Council of State deals with alleged State aid claimed by an interprofessional organisation requesting the annulment of a ministerial decision refusing the notification of a provision instituting compulsory contribution (Comité National des Interprofessions des Vins à Appelations), 7 November 2008 (582 visits)
• The French Administrative Court of appeal of Paris rejects a claim for damages brought by the beneficiary of an unlawful State aid (Salmon Arc-en-Ciel), 21 January 2006 (832 visits)
• The French Civil Supreme Court applies the ECJ Boiron State aid case law on burden of proof and annuls the judgment of the Versailles Court of Appeal dismissing the application by a pharmaceutical producer (Glaxosmithkline), 14 March 2007 (681 visits)
• The French Civil Court of Appeal of Basse-Terre holds that third parties cannot request a national court to statute on the alleged incompatibility of a State aid measure but confirms national courts’ jurisdiction for claims for damages (Primistères Reynoird), 18 June 2008 (709 visits)
• The French Civil court of Appeal of Paris applies an ECJ ruling in order to dismiss the application by a party seeking the restitution of a tax perceived to be in violation of State aid rules (Toys’R’US), 11 September 2006 (706 visits)
• The French Council of State finds that a parafiscal tax imposed in the sector of pork meat production should not have been notified as a State aid as no State resources were transfered (Coopérative Cooperl Hunaudaye and Federation Syndigel), 7 May 2008 (735 visits)
• The French Council of State finds that a parafiscal tax imposed in the field of producers of foie gras should not have been notified as State aid as no State resources were involved (Confédération paysanne), 21 June 2006 (762 visits)
• The French Council of State applies the ECJ State aid Casino case law to dismiss the action of wolesalers claiming the unlawfulness of the tax to support the trade and craft sectors (TACA), 20 June 2006 (729 visits)
• The French Administrative court of Bordeaux rejects the State aid law pleas invoked by an unsuccessful bidder in a public tender won by a regional public body, ruling that Art. 87 EC is not directly effective (Merceron), 15 July 2008 (711 visits)
• The French Court of appeal rejects plea of alleged State aid measures from an unsuccessful bidder for a public service concession finding that the contract of public service could include clauses where compensation for the provision of the public service could be actualised or revised (Syndicat mixte de transports en commun de l’agglomération de Bayonne), 1 July 2008 (751 visits)
• The French Court of appeal of Douai rejects the claim of a tax payer contesting a tax adjustment and the reintegration of the sums perceived in the context of the "Borotra plan", on the ground that there was no uncertainty concerning the repayment of the unlawful aid (Blanchisserie industrielle du marais), 29 March 2008 (716 visits)
• The French Council of State judges that the variations in the contribution paid by users of a public service does not constitute a modification of a State aid scheme approved by the Commission (Federation nationale), 28 December 2007 (768 visits)
• The French Administrative appeal court of Marseille dismisses the appeal of tax payers claiming the refund of the of the tax on meat purchases judging an absence of hypothecation of the levy to aid measure (Tax on meat purchases), 18 December 2007 (470 visits)
• The French Administrative appeal court of Marseille dismisses the appeal of tax payers claiming the refund of the of the tax on meat purchases judging an absence of hypothecation of the levy to aid measure (Tax on meat purchases), 20 November 2007 (466 visits)
• The French Administrative appeal court of Paris dismisses the appeal of tax payers claiming the refund of the of the tax on meat purchases judging an absence of hypothecation of the levy to aid measure (Tax on meat purchases), 5 November 2007 (439 visits)
• A French Administrative Court of Appeal rules that a claim calling into question the validity of a decision of the Commission not to raise objection against alleged State aid measures raised serious difficulties requiring a preliminary ruling from the ECJ (Régie Networks), 12 July 2007 (706 visits)
• The French Administrative appeal court of Versailles rejects the arguments of a tax payer resisting the payment of a tax on certain advertising expenses on the ground that the levy was not hypothecated to any aid measures (Daimler Chrysler, 10 July 2007 (752 visits)
• The French Civil Supreme court applies the ECJ State aid Boiron case law and rules that national courts have an obligation to take all the necessary measures when national procedural rules are not sufficiently favorable for a claimant wishing to demonstrate the existence of overcompensation for public service obligations (Laboratoires Boiron), 26 June 2007 (723 visits)
• The French Administrative appeal court of Lyon rules that trade chambers are not undertakings and rejects the claim of a claimant alleging that a tax for the expenses of these chambers amounts to unlawful State aid (Bellerivedis), 28 June 2007 (724 visits)
• The French Administrative appeal court of Douai rejects the claim of individuals based solely on Art. 87 EC judging that the provision has no direct effect (Direction de contrôle fiscal Nord), 9 May 2007 (490 visits)
• The French Council of State upholds the judgment of the Court of Appeal of Douai on the existence of an alleged unlawful State aid concerning a tax perceived on publicity expenses allocated for the financing of support measures to the press sector (ATAC), 21 December 2006 (607 visits)
• The French Council of State upholds the judgment of the Court of Appeal of Douai on the existence of an alleged unlawful State aid concerning a tax perceived on publicity expenses and necessarily allocated for the financing of support measures to the press sector (SA Damart Serviposte), 26 December 2006 (805 visits)
• The French Administrative appeal court of Nantes dismisses the appeal of a tax payer resisting the payment of a tax on certain advertising expenses on the ground that the levy was not hypothecated to any State aid measures (Tax on advertising expenses), 26 December 2006 (849 visits)
• The French Administrative appeal court of Marseilles dismisses the appeal of a tax payer claiming the refund of a judging that the levy was not hypothecated to any aid measures (Tax on meat purchases), 3 October 2006 (706 visits)
• The French Civil Supreme court applies the ECJ Casino caselaw on State aid to dismiss the action of wolesalers claiming the unlawfulness of the tax to support the trade and craft sectors (Galerie de Lisieux), 4 July 2006 (688 visits)
• The French Council of State upholds the annulment of a decision by the Commercial Court of Strasbourg finding that the support measures granted to a lowcost airplane company constituted unlawful State aid in application of the private investor test (Ryanair), 27 February 2006 (790 visits)
• The French Civil Supreme Court rejects the arguments based on the unlawfulness of the Aubry Law on the reduction of the working time on the basis of State Aid reasoning, judging that the measure is of general application (Aides Aubry), 28 February 2006 (778 visits)
• The French Civil court of Appeal of Versailles applies the Boiron case law relating to the burden of proof and dismisses a claim by a pharmaceutical producer on the ground that it failed to show the existence of an advantage obtained from the exemption enjoyed by the wholesale distributors as set by the national regulation (Laboratoires Bristol Myers Squibb), 13 May 2006 (768 visits)
• The French Civil court of Appeal of Lyon applies the Casino case of the ECJ to dismiss the action of wolesalers claiming the unlawfulness of the tax to support the trade and craft sectors (Agence Organic de recouvrement), 13 May 2006 (719 visits)
• The President of the Belgian Competition Council confirms refusal by the Competition Auditor to adopt interim measures following alleged abuse of dominance by 10 pharmaceutical companies concerning pharmaceuticals parallel imports (Bofar / Alcon-Couvreur, Astra-Zeneca, Bayer, Biogen Idec, Boehringer Ingelheim, Bristol Meyers Squibb, Jansens-Cilag, Pfizer), 2 April 2009 (1500 visits)
• The Brussels Court of Appeal rejects State aid pleas in the context of a bank rescue plan (Fortis), 12 December 2008 (2524 visits)
• A Belgian Court makes preliminary reference to the ECJ regarding compatibility of Belgian procedural rules with EC regulation 1/2003 (VEBIC), 30 September 2008 (1317 visits)
• The Belgian Competition Council adopts an effects based analysis to conclude to the absence of predatory pricing or excessive pricing in the gas and electricity sectors (Electrabel), 3 July 2008 (1990 visits)
• The Paris Court of appeal orders the telecommunications incumbent to offer third party operators a new technical and commercial offer giving appropriate access (France Telecom ), 11 January 2005 (3320 visits)
• The Belgian Supreme Court adopts an in concreto approach to the definition of the relevant market product for the provision of directory services in the telecommunications sector (Kapitol/Telekom Austria), 23 June 2005 (3623 visits)
• The French Competition Authority imposes an unprecedented € 80 M fine to the telecommunications incumbent for abuse of a dominant position on the broadband internet market (France Télécom), 7 November 2005 (5324 visits)
• The Belgian Competition Council fines participants of a hardcore cartel in the chemical industry a record total fine of € 500,000 and grants leniency (Bayer, Solutia Europe, Ferro Europe, Polynt), 4 April 2008 (2978 visits)
• The Belgian Competition Council issues first fine under the 2006 Competition Act for recommended prices (VEBIC), 25 January 2008 (3124 visits)
• The Belgian Competition Council adopts a new notice on immunity from fines and reduction of fines in cartel cases in order to align the Belgian leniency program with the ECN model leniency program, 22 October 2007 (3543 visits)
• The Brussels Court of Appeal highlights the Member States’ margin of discretion as regards the method of financing the universal service obligation in the postal and telecommunication sectors (Belgacom - Fund for the universal service in the telecommunication sector), 21 June 2007 (4430 visits)
• The Belgium Supreme Court recalled that subsequent notification of State aid is insufficient to dispense with obligation to reimburse (Voeder Velghe - De Backer), 11 March 2005 (3656 visits)
• A Belgian Court dismisses alleged anticompetitive agreement and abuse of dominant position on the electronic payment card market on the basis of both Art. 81/82 EC while using documents communicated by the EC Commission on the basis of Art. 15 Reg. 1/2003 ("Master Card - Visa Card"), 29 September 2006 (4857 visits)
• The Belgian government adopts 9 decrees implementing the new Law on the Protection of Economic Competition (Law, 31 Oct. 2006), 31 October 2006 (2011 visits)
• The New Belgian competition law enters into force as of the 1st October 2006, 10 June 2006 (2020 visits)
• A Belgian Court applies Art. 82 EC and holds that the national copyright management society abused its dominant position while relying on an EC Commission written opinion delivered in the assistance procedure (SABAM / Productions & Marketing), 3 November 2005 (5821 visits)
• A Belgian Court’s decision to suspend proceedings of recovery of State aid pending CFI judgment is challenged by the EC Commission (Walloon Region / Ter Lembeek International), 24 February 2004 (3785 visits)
• Selon une Cour d’appel britannique, l’obligation contractuelle pour un opérateur mobile virtuel de payer le prix fixé par l’opérateur de réseau ne suffit pas à caractériser un accord au sens de l’Art. 81 CE (Unipart/O2), 30 July 2004 (1981 visits)
• L’autorité espagnole de concurrence condamne l’ancien monopole postal, pour abus de position dominante sur le double fondement des dispositions internes et communautaires de concurrence (ASSEMPRE/Correos), 15 September 2004 (3203 visits)
• "Modernisation" du cadre législatif espagnol (Règlement nº 1/2003 CE), 10 December 2004 (2048 visits)
• The French Competition Authority applies a "rule of reason analysis" to an abuse of dominant position in the press advertising sector (La Provence Group), 21 July 2005 (3890 visits)
• A French Court makes good the damages suffered by an authorised dealer of a selective distribution network (LCJ Diffusion/La Roche Posay), 8 June 2005 (4018 visits)
• The Brussels Court of appeal issues a preliminary ruling on the successive application of EC Reg. N° 1984/83 and N° 2790/1999 on the application of Art. 81.3 EC to vertical agreements and concerted practices and rules on the de minimis doctrine (Brasserie Haacht), 23 June 2005 (3999 visits)
• The Belgium Commercial Court assesses the validity of an alleged anticompetitive car distribution agreement on the basis of Art. 81 EC and the EC block exemption regulation (Daimler-Chrysler), 23 December 2004 (8860 visits)
• The Spanish Competition authorities condemns a price fixing agreement imposed to a reseller in the large retail distribution sector (Mondariz/EKO-AMA), 2 November 2004 (3318 visits)
• The UK Court of appeal applies Art. 81 EC and award damages for breach of EC law (Crehan), 21 May 2004 (3205 visits)
• The English High Court ruled on the applicability of a national doctrine in circumstances where it has previously been held that, in principle, the issue falls within the scope of Art. 81 EC (Days Medical Aids/Pihsiang Wu), 29 January 2004 (2194 visits)
• The Spanish Supreme Court requests an ECJ preliminary ruling regarding the application of Art. 81 EC to an exchange of information agreement between financial institutions in relation to clients solvency and compliance (Asnef-Equifax), 13 April 2005 (4017 visits)
• The French Competition Council rigorously applied the Sandoz and Bayer EC cases in the context of vertical non-contractual relations (Studio 26/Rossimoda), 23 February 2005 (4083 visits)
• The Strasbourg Civil Court assessed the validity of a beer supply agreement in light of EC Regulations on vertical agreements (Kronenbourg), 4 February 2005 (2200 visits)

Concurrences Review

• Role of national courts - Recovery - Exceptionals circonstances : The Court of justice recalls the fundamental obligations of national courts in presence of unlawful aid (CELF), Concurrences, N° 3-2010, pp. 129-132 (35 visits)
• Restructuring aid - Privatization: The EU Commission approves a restructuring aid granted to an airline company in the context of its privatisation at the condition that the undertaking reduces its global capacity and complies with the conditions of the Commission merger decision (Austrian Airlines), Concurrences, N° 3-2010, pp. 146-148 (34 visits)
• Bank - New restructuring plan : The EU Commission approves the new restructuring plan of a mortgage bank following its nationalisation in 2008 (Northern Rock), Concurrences, N° 3-2010, pp. 149-150 (39 visits)
• Private investor test : The General court dismisses the action in annulment introduced by a German federation of private banks against a Commission decision declaring only partially incompatible the transfer of public assets to a regional bank on grounds of a correct application of the private investor test by the Commission (Bundesverband deutscher Banken), Concurrences, N° 3-2010, pp. 132-134 (30 visits)
• The State Aid Thesaurus: A synthesis of implementation of EU State aid provisions in the 27 Member States, Concurrences, N° 3-2010, www.concurrences.com (93 visits)
• Professional tax: The CFI dismisses a “net advantage” approach relying on a global compensation between increased and reduced levies with respect to the professional tax (France ; France Télécom ), Concurrences, N° 1-2010, pp. 139-146 (703 visits)
• Exemption regulations: The CFI confirms the control powers of the EC Commission to request all information useful to assess the compliance with exemption regulations (Germany), Concurrences, N° 1-2010, p. 147 (692 visits)
• Aid schemes review: The EC Commission publishes new guidance on the way guarantee and recapitalisation schemes approved by the Commission are reviewed, Concurrences, N° 4-2009, pp. 144-145 (1047 visits)
• Recovery of financial operation: The CFI partially annuls the EC Commission decision to the extent that it ordered recovery of financial operation ordered by national judge having jurisdiction in insolvency matters (Maas and Groenewegen (KG Holding)), Concurrences, N° 4-2009, pp. 152-53 (798 visits)
• Critère de sélectivité des mesures fiscales: The CFI clarifies its approach on the selectivity criteria in the context of fiscal measures adopted by the basque countries (Diputación Foral de Álava et Gobierno Vasco), Concurrences, N° 4-2009, pp. 153-155 (784 visits)
• Bank’s saving certificates : The EC Commission decides that the placement of a bank’s saving certificates via a public bank does not constitute State aid (Poste Italiane), Concurrences, N° 4-2009, pp. 167-168 (750 visits)
• Rescuing and restructuring aid : The EC Commission decides that the rescuing and restructuring aid granted to Srem constitutes an aid compatible with the common market (Odlewnia Teliwa «Œrem»), Concurrences, N° 4-2009, p. 168 (715 visits)
• Degendorff case law: The CFI confirms the wide scope of application of the Degendorff case law without distinction between individual aid and aid scheme (ACEAElectrabel), Concurrences, N° 4-2009, pp. 162-163 (877 visits)
• Restructuring measures for banks: The EC Commission publishes new guidelines concerning restructuring measures in the financial sector concerning banks having benefited from State aid in the context of the financial crisis, Concurrences, N° 4-2009, pp. 139-140 (901 visits)
• Aid to the banking sector: The EC Commission approves new aid measures in compensation of restructuring measures, Concurrences, N° 3-2009, pp. 116-118 (925 visits)
• European State Aid Law and Policy, C. QUIGLEY, Concurrences, N° 3-2009, pp. 173-174 (1362 visits)
• Rescuing and restructuring State aid: The EC Commission decides the prolongation of the guidelines on rescuing and restructuring firms in difficulty, Concurrences, N° 3-2009, p. 107 (1287 visits)
• Aid to ports: The EC Commission enacts fiscal measures in favour of the port sector and opens the in-depth procedure calling for comments of interested parties (French ports), Concurrences, N° 3-2009, p. 119 (1037 visits)
• Tax reductions: The EC Commission gives guidance on the conditions in which ship management companies can benefit from tax reductions, Concurrences, N° 3-2009, pp. 105-106 (935 visits)
• Regional aid - Employment aid: The ECJ clarifies the method concerning the calculation of created jobs within the meaning of the Community Guidelines on aid for employment (Lodato Gennaro / INPS), Concurrences, N° 3-2009, p. 107 (972 visits)
• Effect on trade/Distortion of competitions: The ECJ upholds the approach of the CFI judging that the EC Commission has not sufficiently stated its reasons relating to the existence of an effect on trade and a distortion of competition resulting from an export State aid (Wam), Concurrences, N° 3-2009, pp. 107-110 (1127 visits)
• Existing aid: The CFI declares inadmissible the action against a rejection of a complaint on the ground that the aid in question would constitute existing aid (Nya Destination Stockholm Hotell & Teaterpaket AB), Concurrences, N° 3-2009, pp. 111-113 (936 visits)
• Recovery: A German Court of appeals, in the absence of an EC Commission decision declaring the aid measures incompatible, rejects on grounds of inadmissibility the action brought by an air transport operator, which demanded the recovery by an airport of the aid awarded to a competitor (Lufthansa / Flughafen Frankfurt), Concurrences, N° 2-2009, pp. 171-174 (1204 visits)
• Crisis - Rescue and restructuring aid: The EC Commission approves capital injection in a bank both on the principles of the EU Community guidelines on rescue and restructuring aid and the banking communication (Fortis), Concurrences, N° 2-2009, pp. 167-170 (1484 visits)
• Crisis - Temporary framework : The EC Commission amends its ‘temporary framework" in order to take into account State aids remedying to the financial and economic crisis, Concurrences, N° 2-2009, p. 153 (1551 visits)
• Investigation procedure - Altmark test: The CFI clarifies the circumstances in which the EC Commission is bound to initiate the formal investigation procedure and uses the Altmark test as a benchmark to assess the existence of serious difficulties (Deutsche Post - DHL), Concurrences, N° 2-2009, pp. 154-155 (1517 visits)
• State ressources - Advantage: The ECJ rules on the obligation for television operators to earmark a certain percentage of their operating revenue for the pre-funding of European cinematographic films, 60% of that funding being reserved to the production of works of which the original language is one of the official languages of Spain, does not amount to State aid (UTECA), Concurrences, N° 2-2009, p. 166 (1326 visits)
• Altmark test: The CFI bring clarifications in the use of the Altmark test in the context of the permanent control of existing aid (TF1), Concurrences, N° 2-2009, pp. 161-163 (1421 visits)
• Reduction of UMTS licence fee: The ECJ confirms that, within the framework of the award of the UMTS licences in France, the reduction of the payments owed by some telecommunications operators does not constitute State aid (Bouygues Télécom), Concurrences, N° 2-2009, pp. 163-164 (1478 visits)
• Operating aid: The CFI rules that the EC Commission committed a manifest error of assessment when considering that the aid to counteract competition paid to German shipyards constituted an operating aid that should be exclusively affected to cover losses from shipbuilding contracts (Aker Warnow Werft and Kvaerner), Concurrences, N° 2-2009, pp. 165-166 (1188 visits)
• Impaired financial assets: The EC Commission issues a Communication on the treatment of impaired assets in the community banking sector, Concurrences, N° 2-2009, pp. 151-152 (1491 visits)
• State Aid - Role of national Courts : The EC Commission issues guidance on the role of national courts in enforcing State aid rules and on their cooperation with the Commission (EC Notice 25.02.09), Concurrences, N° 2-2009, pp. 149-150 (1635 visits)
• National court’s role: The ECJ specifies the conditions under which a national judge may examine the claim of a State aid recipient concerning the amount of the latter over a period antecedent to the decision of the Commission declaring the aid compatible (Wienstrom), Concurrences, N° 1-2009, pp. 149-150 (1676 visits)
• Social security contributions - Recovery: The CFI, after having categorised the geographical extension of an existing and authorized State aid regime as new aid, recalls that the burden of proof concerning the alleged overcharges borne by the beneficiaries of State aid falls upon the national authorities or the interested third parties and not upon the Commission; and, in the absence of sufficient evidence, the CFI rules that the Commission sufficiently motivated its decision, after having confirmed the unlawfulness of the considered State aid measures, to require the recovery of the aid granted (Hotel Cipriani), Concurrences, N° 1-2009, pp. 154-157 (1490 visits)
• Private investor principle: The CFI applies the private investor test to a regional entity and annuls a Commission decision declaring incompatible measures of the Walloon region in favour of Ryanair (Ryanair), Concurrences, N° 1-2009, pp. 157-158 (2410 visits)
• Financial crisis: A synopsis of all State aid decision adopted by EC Commission until 21 January 2009, Concurrences, N° 1-2009, pp. 160-161 (1900 visits)
• CELF case law: The French State Council issues a new request for preliminary ruling asking if the national court can stay recovery in case of the absence of a positive Commission decision and in the exceptional circumstances of the CELF case? (Centre d’Exportation du Livre Français et Ministre de la culture et de la communication), Concurrences, N° 1-2009, pp. 161-163 (1992 visits)
• Notification: The French State Council restates that the powers of national Courts do not extend to the opportunity to notify an aid, but are limited to sanction the violation of Art. 88.3 EC, i.e., the violation of the notification obligation (Comité national des interprofessions des vins à appellations d’origine), Concurrences, N° 1-2009, pp. 163-164 (1616 visits)
• Financial crisis: The EC Commission isues a communication on limitation of aid to the minimum necessary and safeguards against undue distortions of competition (Recapitalisation of financial institutions), Concurrences, N° 1-2009, pp. 141-143 (1535 visits)
• Global financial crisis: The EC Commission releases a communication on the application of State aid rules to measures taken in relation to banks and financial institutions in crisis (Current global financial crisis), Concurrences, N° 4-2008, pp. 104-108 (2474 visits)
• Challengeable act: The ECJ holds that the administrative filing of a complaint relating to an alleged unlawful aid constitutes an act likely to be challenged under Article 230 EC and annuls an order of the CFI which declared inadmissible a request for the annulment of a complaint rejection (Athinaïki Techniki), Concurrences, N° 4-2008, pp. 112-116 (2029 visits)
• Selective nature: The ECJ recalls that a measure conferring an advantage on a limited part of the territory of a Member State does not constitute in itself State aid , provided the territory enjoys a sufficient degree of autonomy from the central government (UGT-Rioja), Concurrences, N° 4-2008, pp. 118-121 (2033 visits)
• Private investor: The CFI reminds the conditions of application of the 1999 guidelines on State aid for rescuing and restructuring firms in difficulty and applies the private investor test for participation and guarantees granted to enterprises in difficulty (Kahla/Thüringen Porzellan), Concurrences, N° 4-2008, pp. 121-122 (1919 visits)
• Role of national Courts: The French supreme Court seems reluctant to award damages for violation of State aid rules (Ecomax and Boétie), Concurrences, N° 4-2008, pp. 124-125 (1925 visits)
• Preliminary phase: The ECJ confirms that the legality of a decision not to raise objections against a State aid must be appraised in light of the information available to the Commission at the time of the examination procedure (Nuova Agricast Srl/Ministero delle Attività Produttive), Concurrences, N° 3-2008, pp. 121-122 (1924 visits)
• State Aid Colloquium, 14 March 2008, Concurrences, N° 3-2008, www.concurrences.com (4963 visits)
• Banking sector: The EU Commission approves one rescue aid and decides to initiate the formal investigation with regard to restructuring aid granted to banks following the subprime crisis (Northern Rock, IKB, Sachsen LB), Concurrences, N° 2-2008, p. 139 (2553 visits)
• Notion of economic activity: The EFTA Court applies a strict interpretation of the economic activity requirement basing its interpretation on Community case law issued from the freedom to provide services (Private Barnehagers Landsforbund), Concurrences, N° 2-2008, p. 139 (2933 visits)
• Recovery of State aid: The EC Commission provides guidance to Member States as to how to achieve a more immediate and effective execution of recovery decisions (Communication, 25 October 2007), Concurrences, N° 1-2008, pp. 149-155 (2305 visits)
• Recovery: The ECJ firmly confirms the principle of recovery obligations and applies, for the first time, Art. 10 EC to reinforce the pressure on Member States (Commission/France), Concurrences, N° 1-2008, p. 156 (2259 visits)
• Recovery: The German Federal Court of Justice rules that State aid rules prevail on bankruptcy law (BVT/SKL), Concurrences, N° 1-2008, p. 160 (2474 visits)
• State aid scoreboard : The Commission publishes its Autumn 2007 update report (COM(2007) 791), Concurrences, N° 1-2008, p. 147 (2391 visits)
• EC liability: The CFI rules that a company cannot make good its insolvency for the purpose of State aid if a diligent and prudent company would not have declared to be insolvent (Denys Bouychou), Concurrences, N° 4-2007, pp. 110-112 (2812 visits)
• Review of the EC margin of discretion: The CFI rules that when the Commission has a wide discretion, judicial review of the manner in which that discretion is exercised is confined mainly to establish that the decision is sufficiently motivated (Olympiaki Aeroporia Ypiresies), Concurrences, N° 4-2007, pp. 113-114 (2790 visits)
• Reimbursement: The Commission may not impose an obligation to repay, even jointly and severally, a fixed part of the amount of the aid declared to be incompatible, where the transfer of State resources is hypothetical (MTU Friedrichshafen), Concurrences, N° 4-2007, pp. 115-116 (2944 visits)
• Legitimate expectation: The CFI rules that the Commission raised, by declaring an aid scheme similar to the one in question compatible with the common market, an expectation that the aid scheme in question was not prohibited (Koninklijke Friesland Foods), Concurrences, N° 4-2007, pp. 117-118 (2507 visits)
• Competence of the EC - Guidelines: The CFI rules that, by adopting the guidelines on State aid for environmental protection, the EC did not deprive itself of the possibility to adopt a decision on the basis of Art. 87.3 c) CE (Eurima), Concurrences, N° 4-2007, pp. 118-119 (2368 visits)
• Reimbursement: The only defence available to oppose a decision to reimburse incompatible State aids is absolute impossibility to properly implement the EC’s decision (Spain), Concurrences, N° 4-2007, pp. 121-122 (2478 visits)
• Pension funds: The EC Commission declares compatible the financial contribution by the Greek State to the early voluntary retirement scheme (OTE), Concurrences, N° 3-2007, pp. 125-127 (2442 visits)
• Ship building financing : The EC Commission proposes appropriate measures to end the Finish guarantees schemes for ship building financing (Finland), Concurrences, N° 3-2007, pp. 127-128 (2524 visits)
• De minimis: The EC adopts a new exemption regulation taking into account the evolution of the inflation and GNP , Concurrences, N° 1-2007, p. 121 (2765 visits)
• Action for failure to enforce a negative decision: ECJ confirms its case law relating to the unique plea of defence likely to be raised by a State against an action for failure to enforce a negative decision (Spain), Concurrences, N° 1-2007, p. 125 (2841 visits)
• In State aid proceedings, the EC Commission must show sufficiently clearly the link between the principles set out and the factual elements reported by the Commission (République italienne v. Commission), Concurrences, N° 4-2006, p. 104 (2949 visits)
• The selective effect of a measure must be appraised within a regional reference framework if this measure has been adopted by a regional or local authority in the exercise of sufficiently autonomous powers (Portugese Republic v Commission), Concurrences, N° 4-2006, p. 102 (2832 visits)
• Negative decision on € 2 M aid for Euromoteurs restructuring , Concurrences, N° 3-2006, pp. 122-123 (2726 visits)
• Obligations of the Member States with respect to recovery (Commission/Italy), Concurrences, N° 3-2006, pp. 126-127 (2723 visits)
• The EC gives approval to rescue aid in the form of a bridging loan to put in place a restructuring plan (Alitalia), Concurrences, N° 1-2005, p. 91 (2797 visits)
• The EC decides on the obligation to repay unauthorised State aid in the context of a preceding decision on the same case (Sernam - SNCF), Concurrences, N° 1-2005, pp. 92-93 (2809 visits)
• Authorisation of aid to develop broadband connectivity in the UK (UK Broadband), Concurrences, N° 1-2005, pp. 94-95 (2746 visits)
• The ECJ holds that principal of protection of legitimate expectations may be relied upon to resist repayment of State aid only in exceptional circumstances (Daewoo), Concurrences, N° 1-2005, p. 96 (3507 visits)
• The EC makes recommendations with regard to reforming the tax regime for "exempt" companies in Gibraltar (Tax in Gibraltar), Concurrences, N° 2-2005, pp. 80-81 (2786 visits)
• The ECJ confirms its case law on definition of "undertaking", " effect on trade between Member States", and "selectivity" (Wolfgang Heiser), Concurrences, N° 2-2005, p. 81 (3385 visits)
• Employment: The ECJ confirms the validity of an exemption regulation relating to State aid for employment (Belgium/Commission), Concurrences, N° 3-2005, pp. 112-113 (3007 visits)
• Services of gn. eco. interest: The CFI approves a State aid regime under Art. 86.2 EC and holds that an invitation to tender does not necessarily need to be issued for a SGEI to exist (Fred Olsen), Concurrences, N° 3-2005, pp. 113-115 (2928 visits)
• Filing: The EC Com. may declare an aid incompatible without seeking for not notified information (Sardegna), Concurrences, N° 1-2006, pp. 166-167 (2906 visits)
• Aid recovery: Notions of actual beneficiary and ofintention to evade the repayment obligation (Freistaat Thüringen - Datenträger Albrechts), Concurrences, N° 1-2006, pp.170-172 (3024 visits)
• Cross subsidies: The transfer of the banking and financial business of La Poste to a subsidiary does not include State aid elements (Postal Bank), Concurrences, N° 1-2006, p. 169 (3347 visits)
• Conference: The EC State Aid Reform (Paris, 8 December 2005), Concurrences, N° 1-2006, pp. 63-128. (7318 visits)
• Implementation measure of a directive cannot be attributed to a State (Deutsche Bahn), Concurrences, N° 2-2006, pp. 125-127 (3190 visits)
• Unlawful State Aid: ECJ referal on restitution of an unlawful but compatible aid (CELF), Concurrences, N° 2-2006, pp. 131-132 (3444 visits)
• Art. 88.3 EC: State’s liability for granting an un-notified aid (Salmon Arc en Ciel), Concurrences, N° 2-2006, pp. 126-130 (3610 visits)
• Art. 88.3 EC: Publication of the report on national enforcement of State Aid, Concurrences, N° 2-2006, pp. 127-128 (2991 visits)
• Rescue and restructuring aid: The CFI confirms the absence of proof of the necessary nature of a rescue and restructuring aid on the basis of the information available to the EC (Schmitz-Gotha Fahrzeugwerke), Concurrences, N° 2-2006, pp. 127 (2819 visits)
• Exclusive right : A remuneration paid to tax assistance centres constitutes State aid (Calafiori), Concurrences, N° 2-2006, pp. 124-125 (2975 visits)
• Beneficiaries - Economic Analysis: The EC must identify the beneficiaries and carry out a finer economic analysis (Le Levant), Concurrences, N° 2-2006, pp. 121-123 (3050 visits)
• Selectivity of the aid: The CFI refuses to consider a tax measure to be selective (Stadtwerke Schwäbisch), Concurrences, N° 2-2006, pp. 120-121 (2945 visits)
• Air Transport: Publication of the EC Guide lines on the financing of airports and start-up aid to airlines departing from regional airports, Concurrences, N° 4-2005, pp. 103-104. (2871 visits)
• State Aid Recovery: The interruption of the limitation period cannot be subject to notification by the EC Commission to the beneficiary (Scott), Concurrences, N° 4-2005, pp. 104-105. (2912 visits)
• Social security: The advantages granted to the Mutualité Fonction Publique must be abolished to the extent they impact on its competitive activities, Concurrences, N° 4-2005 (3253 visits)