The EU General Court confirms that public funding of an e-platform for procurement purposes does not constitute a State aid (Aanbestedingskalender)

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.

Activities linked to State prerogatives Economic activities which cannot be separated from the exercise of public powers cease to be economic in nature. Introduction The dividing line between economic and non-economic activities is in a permanent state of flux. Although it is now clear that some activities fall within the powers and prerogatives of the state, while many others are carried out by the market through voluntary transactions between buyers and sellers in which the state has no role, the boundary between the two areas shifts with every new judgment of EU courts. The judgment of the General Court of 28 September 2017, in case T‑138/15, Aanbestedingskalender and four others v European Commission, has caused again the boundary to shift by expanding the scope of activities

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Phedon Nicolaides, The EU General Court confirms that public funding of an e-platform for procurement purposes does not constitute a State aid (Aanbestedingskalender), 28 September 2017, e-Competitions Bulletin Platforms, Art. N° 85307

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