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State aid and Service of General Economic Interest

State Aid

The EU Commission approves the compensation provided by the UK to the incumbent postal operator for the extra costs of the public services it provides for the 2018 - 2021 period (Post Office Limited)
College of Europe (Bruges)
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 (...)

The EU Court of Justice annuls a Commission decision due to the lack of motivation in the assessment of the selectivity criteria in the determination of the compatibility of an aid (Comunidad Autónoma de Galicia and Retagal)
Van Bael & Bellis (Brussels)
On 20 December 2017, the Court of Justice of the European Union (“ECJ”) issued its judgment in case C-70/16 P, Comunidad Autónoma de Galicia and Retagal v Commission. The ECJ annulled, on appeal, a Commission decision of 19 June 2013 ordering the recovery of state aid granted by Spain to operators (...)

The EU Commission qualifies an airport as an SGEI and rules that the related compensation is a compatible State aid (Inverness Airport)
Desogus Law Office (Cagliari)
Introduction In the Inverness Airport case, the Commission ruled that the UK authorities has correctly qualified the Inverness Airport as a genuine service of general economic interest (SGEI). The Commission also ruled that the compensation awarded to the Inverness Airport for the discharge of (...)

The EU Court of Justice concludes that the conditions laid down in the Altmark judgment are relevant for determining whether a measure constitutes state aid (Viasat Broadcasting)
Van Bael & Bellis (Brussels)
On 8 March 2017, the European Court of Justice (“ECJ”) handed down its judgement on appeal in case C-660/15 P, Viasat Broadcasting UK (“Viasat”) Ltd v European Commission. The case concerns aid granted to the Danish public broadcaster TV2/Danmark for the execution of public service obligations. In (...)

The EU Court of Justice considers the relationship between Altmark and Article 106(2) TFEU (Viasat Broadcasting)
College of Europe (Bruges)
*Article published on StateAidHub.eu Blog (click here), republished in e-Competitions with the courtesy of the author(s). 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 (...)

The EU Court of Justice rules on the temporal scope of secondary instruments applied to assess the compatibility of a State aid (Jørgen Andersen)
Maastricht University
Case C-303/13 P European Commission v Jørgen Andersen* In this post I will analyse a particular aspect of State aid law: the temporal scope of secondary instruments applied to assess the aid’s compatibility. The case at hand deals in particular with Regulation (EEC) 1191/69, which originally (...)

The EU Commission rules that SGEI providers can be compensated in a way that induces them to become more efficient (UK Post Office)
College of Europe (Bruges)
Services of General Economic Interest: How to Compensate and Induce more Efficiency* Even traditional monopolists, like postal operators, have to comply with the rules on compensation for the extra costs of public service obligations. SGEI providers can be compensated in a way that induces (...)

The European Commission finds a measure aimed at helping public hospitals not to constitute State aid because it did not affect the trade between member States (Hradec Králové Region)
College of Europe (Bruges)
SA.37432: Public hospitals in the Hradec Králové Region, Czech Republic* At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of (...)

The EU General Court explains that the fact that undertakings are obliged by law to comply with certain tests does not justify the subsidisation of their costs with public funds (Belgium)
College of Europe (Bruges)
Do Free but Compulsory Tests Confer a Selective Advantage?* State aid rules apply to measures which are either harmonised at EU level or are left to the discretion of Member States. The protection of public health is no sufficient reason for removing a public measure from the scope of Article (...)

The EU General Court holds that compensation for structural disadvantages encumbering undertakings is still State aid except if it satisfies the Altmark criteria (France)
College of Europe (Bruges)
Relief from Pension Contributions* Compensation for structural disadvantages encumbering undertakings is still State aid. Compensation for structural disadvantages encumbering SGEI providers is not State aid only if it satisfies the Altmark criteria. Judgment of 26 February 2015, T-135/12, (...)

The European Commission explains that public funding does not have to satisfy the very strict Altmark criteria in order to be authorised if it complies with the relevant regulation or guidelines (Stretto airport)
College of Europe (Bruges)
Failure to Satisfy Ex Post the Altmark Criteria, but Compliance with the 2014 Aviation Guidelines* Public service obligations must be entrusted by an official act and defined with sufficient precision. Imprecise definition of public service obligations makes it impossible to identify the costs (...)

The EU General Court holds that environmental harm does not make State aid incomaptible with the internal market (Castelnou Energía)
College of Europe (Bruges)
i) Energy security and public service obligations* On 3 December 2014, the General Court ruled on case T-57/11, Castelnou Energia v Commission.[1] Castelnou Energia [CE] appealed against Commission decision N 178/2010 concerning public service compensation granted by Spain to generators of (...)

The European Commission explains that a system which is predominantly based on solidarity does not become economic in nature when operators have a small degree of discretion to compete on quality and to make profit from efficient provision of services (Spoločná zdravotná poisťovňa)
College of Europe (Bruges)
Compulsory health insurance in Slovakia* Health insurance which is based on the principle of social solidarity is not economic in nature. Solidarity means that citizens have a right to the service in question and the quality of the service they obtain is not linked to the price they pay, if (...)

The European Commission reminds Member States of mistakes they can avoid when they compensate operators on whom they impose public service obligations (Dublin Bus and Irish Bus)
College of Europe (Bruges)
Public Service Obligations: A Few More Mistakes that Can Be Avoided* Even efficient companies will fail the 4th Altmark criterion if their costs are not proven to be comparable to those of a typical and well-equipped undertaking. Public funding of infrastructure is not State aid to users only (...)

The European Commission accepts a nuclear power station funding scheme after getting the State to renegociate the terms of the contract (Hinkley Point C)
University of Sussex
State Aid for Nuclear Power: No Thanks! Maybe? Yes Please!* The Commission’s decision on the Hinkley Point C nuclear power station of 8th October 2014 and what this might mean for the approach to nuclear energy... In 2014, the European Commission adopted new Guidelines on State aid for (...)

The EU General Court pushes for overcompliance with EU public procurement rules in the provision of public services (Zweckverband)
University of Bristol - Law School
GC pushes for overcompliance with EU public procurement rules in the provision of public services (T-309/12)* In its Judgment in Zweckverband Tierkörperbeseitigung v Commission, T-309/12, EU:T:2014:676, the GC has assessed the compatibility with EU State aid rules of a system of financial (...)

The EU General Court refuses to find the Altmark criteria fulfilled and reminds that Member States have discretion to define what they consider as an SGEI but only after having identified market gaps (Zweckverband)
College of Europe (Bruges)
Not Surprisingly, Another Member State Fails to Prove Compliance with the Altmark Criteria* Main points Maintaining capacity that is necessary for the provision of normal services cannot be classified as a service of general economic interest. State aid may not be granted towards the costs (...)

The EU Court of Justice decides in two cases on the compatibility with internal market principles of a tax partially funding a state aid (Telefonica, DTS)
College of Europe (Bruges)
Levying Taxes to Fund Public Broadcasters* Main points Taxes may not be examined by the Commission in the context of Article 107 even if they finance State aid measures. By contrast, the Commission may examine a tax in the context of its assessment of the compatibility of aid with the (...)

The Czech Supreme Court confirms duty of national courts to enforce EU state aid rules (NH Hospital v. Central Bohemian Region)
Weil, Gotshal & Manges (Prague)
On 25 June 2014, the Supreme Court cancelled preceding decisions by the High Court in Prague (Ref.No. 3 Cmo 289/2011-142 of 29 December 2011) and by the Municipal Court in Prague (Ref.No. 32 Cm 128/2010-131 of 13 June 2011) and remanded the case back for further proceedings before the Municipal (...)

The EU Commission establishes that the compensation for the provision of inter-regional bus transportation services constitutes incompatible state aid as the requirement for ex ante determination of net costs has not been fulfilled (Simet)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog The Perils of Ex Post Compensation of Public Services Obligations* Main points -* Providers of SGEI must maintain separate accounts. -* Parameters of compensation must be determined in advance. Ex-post formulation is not in conformity with State (...)

The Court of Justice of the European Union dismisses France’s action against the Commission’s decision declaring an unlimited guarantee incompatible with the internal market (La Poste)
DalDeWolf (Brussels)
There is no doubt that undertakings entrusted with
the provision of services of general economic interest (SGIEs) are subject to the rules in the Treaty on the Functioning of the European Union (TFEU), including its state aid rules. However, compensation for providing such public services also (...)

The EU Commission offers valuable guidance on the application of Regulation 1370/2007 on passenger transport services
College of Europe (Bruges)
Article published on Lexxion State Aid Blog Guidance on the Application of Regulation 1370/2007 on Passenger Transport Services* Main points Public service obligations may only be imposed where the market does not provide adequate services in terms of price and/or quality. The selection of (...)

The EU Commission deems that the land development scheme for industrial and commercial use in Germany did not encompass any advantage as the purchasers of subsidised assets paid the market price
College of Europe (Bruges)
Article published on Lexxion State Aid Blog Land Development without State Aid* Main points Activities which are part of the performance of public duties are non-economic in nature [e.g. spatial development]. Public funding of these activities does not constitute State aid. The transfer of (...)

The European Commission decides that the compensation for the operation of the two additional routes linking Sardinia to the mainland and the recapitalisation measure constituted illegal state aid and orders recovery (Saremar)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog The Importance of Precise Definition of Public Service Obligations* Main points The imposition of a public service obligation must be preceded by market analysis that shows that the market underprovides. For compensation of public service (...)

The EU Commission finds the compensation of school bus and tram transport in the Land Rhineland-Palatinat to be compatible with the internal market (Landesbetrieb Mobilität Rheinland-Pfalz)
College of Europe (Bruges)
Price Discounts and Compensation for Public Service Obligations: A Case of Questionable Need for Aid* Main points SGEI can be defined and public service obligations can be imposed only when the market underprovides. The parameters of compensation must be determined in advance. Public service (...)

The EU Commission publishes decision concerning a parafiscal levy intended to fund supposedly public service obligations assigned to French horse racing companies
College of Europe (Bruges)
Article published on Lexxion State Aid Blog Services of General Economic Interest and Horse Racing* Introduction Public authorities often argue that the activities they support are important and that they should be considered as services of general economic interest. However, in many cases (...)

The EU Court of Justice rules on the distribution of powers between the Council and the Commission in the area of state aid enforcement (Alumina)
University of Bristol - Law School
CJEU strengthens Commission’s enforcement monopoly in State aid (C-111/10) and jeopardises its consistent enforcement with other EU policies (C-272/12)* In two recent Judgments of 4 December 2013 (C-111/10, Commission v Council) and 10 December 2013 (C-272/12, Commission v Ireland and Others), (...)

The EU Court of Justice rules on the distribution of powers between the Council and the Commission in the area of state aid enforcement (Commission / Council)
University of Bristol - Law School
CJEU strengthens Commission’s enforcement monopoly in State aid (C-111/10) and jeopardises its consistent enforcement with other EU policies (C-272/12)* In two recent Judgments of 4 December 2013 (C-111/10, Commission v Council) and 10 December 2013 (C-272/12, Commission v Ireland and Others), (...)

The EU General Court rejects the appeal against a budgetary grant in favour of the state owned television company without providing any further explanation on the matter of inefficient undertakings assigned with PSOs (Télévision française 1)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog Tax Hypothecation and Economic Efficiency under Altmark: T-275/11, French Television 1 v Commission* Background France Télévisions is a limited company wholly owned by the French State. As France abolished advertising on public television, it also (...)

The European Commission re-examines a previously compatible State aid scheme in the light of the 2005 and 2012 SGEI packages (ESB of Ireland)
College of Europe (Bruges)
Sale of Public Assets, SGEI and Electricity Levies* Main points Revenue from levies on electricity users is most likely to constitute State resources. Public service obligations can be transferred from one electricity-generating company to another. Compensation for public service obligations (...)

The EU General Court clarifies the nature of SGEI and affirms that it is necessary to identify the presence of market failures justifying the grant of compensation (Colt Télécommunications France)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog. New Case Law on Incentive Effect, “Private Borrower”, Advantage, Compensation, SGEI and Market Failure* Introduction The posting reviews three recent rulings of the General Court. They are significant because they introduce substantial nuances in (...)

The EU General Court annuls the Commission decision rejecting the accuracy of the economic calculations concerning the rate of interest that a hypothetical private investor would have paid in a similar situation (Poste Italiane)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog. New Case Law on Incentive Effect, “Private Borrower”, Advantage, Compensation, SGEI and Market Failure* Introduction The posting reviews three recent rulings of the General Court. They are significant because they introduce substantial nuances in (...)

The EU General Court reinforces the doctrine of inseparability in relation to compensation for public service obligations assigned to environmental organizations (Germany/Commission)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog. The Emerging Doctrine of Inseparability and Compensation for Public Service Obligations [T-347/09, Germany v Commission]* Introduction In the landmark judgment in Leipzig Halle, the General Court stated that infrastructure which is inseparable (...)

The EU Commission clarifies the relation between Altmark criteria and public procurement rules (SNCM Corse-Méditerranée)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog. Altmark and Public Procurement: Definition and Award of Contracts* Introduction Ever since the Court of Justice ruled on Altmark ten years ago there has been a growing literature on the specific conditions that have to be satisfied so that public (...)

The EU Court of Justice decides that the Flemish tax incentives and subsidy mechanisms are liable to be classified as state aid (Eric Libert)
College of Europe (Bruges)
Restrictions on Sale of Land and Social Housing* Introduction This posting reviews the judgment of the Court of Justice of the European Union in two joined cases: Eric Libert, et al v Gouvernement Flamand, (C-197/11) and All Projects & Developments NV and Others v Vlaamse Regering, (...)

The European Commission issues a state aid decision concerning compensation for the provision of SGEI and orders the immediate and effective recovery of the illicit aid (Marseille -Corsica ferries)
Mircea & Partners (Bucharest)
Introduction The decision in discussion was issued by the European Commission on 2 May 2013 and established that the public service delegation contract for passenger shipping services between Marseille and Corsica did not satisfy the four cumulative conditions set out in Altmark. The (...)

The European Commission approves a state aid for the expansion of a gas storage facility that could enable the entry of more gas suppliers on the Polish market (PGNiG)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog. How to Use Economic Tools to Ensure the Proportionality of Aid (Commission Decision SA.34938 on a gas storage facility in Poland)* Introduction Normally, economic analysis is used by the Commission to find out whether a measure confers an abnormal (...)

The EU General Court annuls the Commission’s decision by which it approved all of the measures adopted by France in favour of Corsica ferries (Corsica Ferries France)
Mircea & Partners (Bucharest)
A. Essential factual and legal aspects The shipping company, Corsica Ferries France SAS, applicant in the present dispute, offers regular ferry services to Corsica departing from continental France (Marseille, Toulon and Nice) and Italy. The shipping company and beneficiary of the aid measure (...)

The European Commission adopts a communication on the application of the EU State aid rules to compensation granted for the provision of services of general economic interest (SGEI)
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
"The SGEI Communication"* 1. Introduction: The Communication and its role in the new SGEI package This article is the second in a series explaining the rationale behind the new SGEI package, highlighting the most important features and novelties and introducing the new texts. The (...)

The European Commission adopts new package to assess the public compensation granted to services of general economic interest
Van Bael & Bellis (Brussels)
The European Commission has adopted a revised package to assess the public compensation granted to services of general economic interest (“SGEI”) under the EU state aid rules: a new Communication clarifies key concepts underlying the application of the State aid rules to public service (...)

The European Commission adopts new State aid rules for services of general economic interest (SGEI)
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
"The New State Aid Rules for Services of General Economic Interest (SGEI): the Commission Decision and Framework of 20 December 2011"* 1. Introduction: the 2011 package On 20 December 2011, the European Commission adopted a new package of State aid rules for services of general economic (...)

The European Commission adopts a new package of State aid rules for services of general economic interest (SGEI)
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
"The New State Aid Rules for Services of General Economic Interest (SGEI)"* On 20 December 2011, following extensive public consultations, the European Commission adopted a new package of State aid rules for services of general economic interest (SGEI). This article offers an overview of the (...)

The European Commission decides that French bank was not overcompensated for collecting funds to finance social housing (Crédit Mutuel-Livret bleu)
LUISS Guido Carli University (Rome)
,
DG COMP (Brussels)
"State aid: main developments between 1 May and 31  August 2011"* On 24 May 2011, following a formal investigation started in 1998, the Commission decided that Crédit Mutuel was not overcompensated for distribution of the Livret bleu savings account in France. In 1975 France created the (...)

The European Commission rules that a French bank was not overcompensated for collecting funds to finance social housing (Crédit Mutuel-Livrets bleu)
DG COMP (Brussels)
Services of general economic interest: Crédit Mutuel decision - not overcompensated* This article concerns the Commission’s assessment of a service of general economic interest (SGEI) in the banking sector, namely the decision closing the formal investigation of Crédit Mutuel‘s Livrets Bleusavings (...)

The European Commission authorises public assistance to UK postal services operator ruling that the aid was compatible with EU rules because it does not overcompensate the net costs of the important public service tasks entrusted and therefore did not give any unfair competitive advantage (UK Post Office Limited)
European Commission - DG TRADE
,
DG COMP (Brussels)
Services of general economic interest: UK Post Office Ltd* On 23 March 2011 the European Commission authorised public assistance to the UK Post Office Ltd (POL), for a period of one year starting on 1 April 2011, for the funding of its network of post offices and the continuation of existing (...)

The European Commission adopts a communication on the revision of EU State aid rules on services of general economic interest (SGEI) and a report on their application
DG COMP (Brussels)
,
DG COMP (Brussels)
State aid: main developments between 1 January and 30 April 2011* On 23 March, the Commission also adopted a Communication on the revision of European Union State aid rules on Services of General Economic Interest (SGEI) and a report on their application. These rules, also known as the 2005 (...)

The European Commission publishes a guide to help public authorities understand how Member States may finance services of general interest in compliance with State aid rules
DG COMP (Brussels)
,
DG COMP (Brussels)
State aid: main developments between 1 January and 30 April 2011* On 28 January the Commission published a guide to help public authorities understand how Member States may finance services of general interest in compliance with State aid rules. The ’Guide to the application of the European (...)

The European Commission launches a public consultation on the application of its 2005 package on services of general economic interest
DG COMP (Brussels)
"State aid: main developments between 1 May and 31 August 2010"* On 12 May the Commission has launched a public consultation on the application of its 2005 Package on Services of general economic interest (SGEI). The Package sets out guidance as to when State funding of SGEIs is compatible (...)

The ECJ Advocate General Jääskinen agrees with the General Court’s ruling in a recovery State aid case in the postal sector (Deutsche Post)
Van Bael & Bellis (Brussels)
In an opinion issued on 24 March 2010, Advocate General Niilo Jääskinen agrees with the judgment given by the General Court (hereinafter the “GC”) in 2008 by which the GC overturned a Commission decision ordering Deutsche Post to repay € 572 million of state aid. According to the AG, the Commission (...)

The European Commission issues guidelines for the application of State aid rules in relation to rapid deployment of broadband networks
European Ombudsman
,
European Commission - Secretariat General (Brussels)
,
DG Economic and Financial Affairs (ECFIN) (Brussels)
"The new State Aid Broadband Guidelines: not all black and white"* I. General context A. The importance of broadband development There is widespread consensus on the crucial impact of broadband development for economies and societies. Broadband networks have the potential to affect (...)

The European Commission revises its communication on State aid and public service broadcasting
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
"The 2009 Broadcasting Communication"* On 2 July 2009 the Commission revised its 2001 Communication on State aid and public service broadcasting. After three public consultations, the revised Communication clarifies the legal framework for the expansion of public service broadcasters onto new (...)

The EU Court of First Instance annuls a Commission decision in a State aid case and holds that the Commission failed to examine whether the State measures exceeded the costs incurred by postal incumbent postal in performing services of general economic interest (Deutche Post)
Van Bael & Bellis (Brussels)
On 1 July 2008, the Court of First Instance (hereinafter ‘the CFI’) annulled the Commission decision which had found that certain measures of the German authorities in favour of Deutsche Post amounted to State aid incompatible with the common market. The CFI held, in particular, that the (...)

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)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual Background The company Laboratoires Boiron appeals the judgment of the Court of appeal of Lyon in litigation concerning a provision of the French Code de la santé publique (Public Health Code). The appellants which is a pharmaceutical laboratory specialising in homeopathic medicines (...)

The Irish High Court rules that State aid measures related to private medical insurance to which the EC Commission did not object can not be sued before national courts as it falls under Art. 86.2 EC (Bupa Ireland)
British Competition Authority - CMA (London)
Factual Background This case concerns private medical insurance and its operation in the Irish market. Private medical insurance ("PMI") was formally introduced in Ireland in 1957 with the establishment of the Voluntary Health Insurance Board (the "VHI"), in order to enable persons not (...)

The European Commission holds that the remuneration fee paid for the distribution of postal savings books does not constitute State aid because this remuneration is in line with the principles established by the European Court of Justice (Cassa Depositi e Prestiti, Poste Italiane)
DG COMP (Brussels)
,
European Commission - DG BUDG
"Poste Italiane: a market fee can fulfil the Altmark criteria"* On 22 November 2006, the Commission has decided that the remuneration fee paid by ‘Cassa Depositi e Prestiti’(CDP) to ‘Poste Italiane’(PI) for the distribution of postal savings books as of 2004 does not constitute State aid because (...)

The Bulgarian NCA cleared a State aid in the form of compensation for public transportation services under national State aid rules (Elena Avtotransport)
Kinstellar (Sofia)
By this Decision of 2 November 2006 the Bulgarian Commission for Protection of Competition (“the Commission”) cleared a State aid in the form of compensation for public transportation services, provided on the territory of Municipality of Elena, North-Eastern Bulgaria, by the transport operator (...)

A French Court of Appeal 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)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual Background This case is one of a series of cases against pharmaceutical producers and wholesale distributors concerning a provision of the French Code de la santé publique (Public Health Code). This provision obliges pharmaceutical wholesaler to keep a permanent stock of medicinal (...)

The French Administrative Supreme Court confirms the classification as State aid of the subsidies granted for handling small orders of French-language books but refers to the ECJ for a preliminary ruling concerning the range of the obligation of restitution of an unnotified aid (CELF I)
Schmitt Avocats
By a decision of 5 October 2004, the Administrative Court of Appeal of Paris classified as a State aid the subsidies granted by the French State to the Centre d’Exportation du Livre Français (“CELF”), entity created at the end of the 70’s to contribute to the diffusion of French-language books (...)

The French Cour de Cassation refers questions to ECJ relating to social security exemptions for French laboratories (Laboratoires Boiron)
Sheppard Mullin (Brussels)
,
Maersk (Copenhagen)
Brief description of the facts and legal issues A laboratory filed an action for the refund of a Sociàl Security contribution arguing that this contribution was unlawful State aid, because certain laboratories were exempt. Referring to the Banks case (Joined Cases C-390/98, Banks & Co v (...)

A French Court orders the Ministry of Culture to recover unnotified State aids having found no relevant public service obligations (CELF I)
Schmitt Avocats
By decision of 5 October 2004, the Administrative Court of Appeal of Paris applied Article 93(3) EC Treaty (today Article 88 EC) and ordered the reimbursement of aids paid without beforehand notification to the European Commission. The French Court also applied the principles and criteria set (...)

The EU Court of First Instance delivers a judgment on the notion of State aid addressing the issue of the compensation for services of general economic interest (Altmark)
DG COMP (Brussels)
,
European Commission - DG MOVE
"Compensation for services of general economic interest: some thoughts on the Altmark ruling"* 1. Introduction With the Altmark judgement, the European Court of Justice has uttered the last word in a longstanding dispute: is compensation for services of general economic interest (SGEI) a (...)

The European Commission adopts a methodology for analysing State aid linked to stranded costs that sets up the criteria it shall use to examine whether a stranded costs compensation mechanism that constitutes State aid can be authorized under the EC Treaty
DG COMP (Brussels)
"A methodology for analysing State aid linked to stranded costs"* 1. The ‘stranded costs’ concept At the time the European electricity market was not liberalised, recovery of all investments by electricity undertakings was achieved through adequate tariff fixation by the States. In these (...)

A French Tribunal in charge of social security cases applied to the ECJ for a preliminary ruling asking whether a taxation’s exemption can be considered as not constituting State aid but mere compensation of public service costs (Ferring)
CRDEI - Centre de Recherche et de Documentation Européennes et Internationales
The important case law of the ECJ often finds its origin in a preliminary question raised by national judges of first instance (e. g. ECJ, April 30th, 1986, Asjes a. o., Joined Cases 209/84 209/84, 210/84, 211/84, 212/84, 213/84 and 213/84, [1986] ECR 1425, “Nouvelles Frontières”, preliminary (...)

The European Commission proposes change to the directive on the transparency of financial relations between Member States and public undertakings
DG COMP (Brussels)
"Commission proposes change to Transparency Directive"* The Commission has accepted on 30 March 1999 a draft amendment to the so-called Transparency Directive 80/723/CEE. This Directive in its present form allows the Commission to investigate into the financial relations between Member States (...)

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