The Dutch Court of Appeal allows a municipality to continue its investment in a local telecommunications network, despite the European Commission having commenced an Art 88.2 EC procedure (UPC Nederland)

Factual Background In April 2004, the Municipality of Amsterdam informed the European Commission of its intention to roll-out a telecommunications network in Amsterdam. For that purpose, a new legal entity was incorporated by the Municipality of Amsterdam. The project was subsequently notified to the European Commission by the Dutch authorities in May 2005, seeking confirmation from the European Commission that the investment by the Municipality of Amsterdam in the legal entity owning the network did not constitute State aid. Following this notification, the European Commission decided to commence proceedings pursuant to Article 88(2) EC Treaty and to make a formal request with the Dutch authorities in order to obtain further information in relation to the project. In December

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  • Hogan Lovells (Amsterdam)

Quotation

Mariëtte Swart, The Dutch Court of Appeal allows a municipality to continue its investment in a local telecommunications network, despite the European Commission having commenced an Art 88.2 EC procedure (UPC Nederland), 18 January 2007, e-Competitions Bulletin Direct effect, Art. N° 27189

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