The EU General Court annuls an aid granted to an important project of common European interest (IPCEI) as unconditional and unlimited guarantees are incompatible with the internal market (Øresund road-rail fixed link)

Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no relationships with a party or related third party. Article will need e-Competitions Board approval before publication.

Unconditional and Unlimited Guarantees and their (In)Compatibility with the Internal Market Operating aid is not normally compatible with the internal market. Therefore, State aid provided through state guarantees should not cover operating costs. State aid embedded in guarantees must be quantifiable so that its necessity and proportionality can be assessed. The assessment of State aid must be made within an EU context taking into account its impact on trade. Introduction Article 107(2)(b) allows aid for important projects of common European interest (IPCEI). In 2014, the Commission published guidelines on State aid to IPCEI. Yet, IPCEI are very rare. During the past decade only two have been notified to and assessed by the Commission. One of them, the Øresund road-rail fixed link,

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Phedon Nicolaides, The EU General Court annuls an aid granted to an important project of common European interest (IPCEI) as unconditional and unlimited guarantees are incompatible with the internal market (Øresund road-rail fixed link), 19 September 2018, e-Competitions Bulletin December 2018, Art. N° 88412

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