State aid judicial review

State Aids

State aid and judicial review: An overview of EU and national case law
Squire Patton Boggs (Brussels)
1. INTRODUCTION We live in a world where certain words or phrases trigger immediate assumptions. Such assumptions vary depending on the audience - "State aid" being a perfect example. Writing this foreword in Spring 2012, it would be safe to say that for the majority of the European population (...)

The EU Court of Justice shows excessive deference towards social policy in public procurement: social housing schemes may not be public contracts (Libert)
University of Bristol - Law School
In its Judgment of 8 May 2013 in Joined Cases C-197/11 & C-203/11 Libert and Others, the Court of Justice of the European Union has quashed the Belgian ’Living in Your Own Region’ scheme, whereby the acquisition of land and property in certain parts of the country was restricted on grounds of (...)

German State aid private enforcement: The problem of access to the Courts
German Ministry for Science, Economics, and Transport
1. General considerations State aid is prohibited - art. 87 EC, now art. 107 TFEU. This is a very apodictic statement. In real life, things are slightly more complicated. State aid, money or adequate advantages granted to private entities by public bodies, is common practice in many forms. (...)

The EU Court of Justice confirms the General Court judgment annulling the Commission’s decision the considered that public support statements and credit line offers constituted incompatible State aids by applying the test of the prudent private investor (Orange)
Van Bael & Bellis (Brussels)
On 30 November 2016, the European Court of Justice (“ECJ”) issued its second judgment in the case concerning public statements made by the French authorities in support of France Télécom (“FT” – now Orange) and the offering of a shareholder loan to FT. In 2002, FT, a public limited company, was (...)

The EU General Court hands down a judgment in a case regarding a German law on renewable energy and clarifies notion of State resources (Erneuerbare-Energien-Gesetz)
Van Bael & Bellis (Brussels)
On 10 May 2016, the General Court of the European Union (“Court”) handed down a judgment in a case concerning the German law on renewable energy of 2012 (the Erneuerbare-Energien-Gesetz 2012 - “EEG 2012”) (case T-47/15, Germany vs. Commission). The EEG 2012, which was replaced by a new law in (...)

The EU General Court annuls a Commission’s decision finding a Spanish Tax illegal (Spanish Tax Lease System)
Van Bael & Bellis (Brussels)
On 17 December 2015, the General Court (“GC”) handed down its judgment in joined cases T-515/13, Spain v Commission and T-719/13, Lico Leasing SA and Pequeños y Medianos Astilleros Sociedad de Reconversión SA v Commission annulling a 2013 European Commission decision which had found that the (...)

The EU General Court annuls the Commission’s decision declaring the Spanish tax lease system as an illegal state aid (Spanish Tax Lease)
Linklaters (Madrid)
1. Introduction On July 2011 the Commission launched an investigation into a Spanish scheme for the purchase of ships involving leasing and financing through tax relief. The complex scheme granted company income tax discounts to investors that invested in an Economic Interest Grouping (“EIG”) (...)

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 General Court rules again on whether public pronouncements confer an advantage to undertakings (France Télécom)
College of Europe (Bruges)
When Do Public Pronouncements Confer an Advantage to Undertakings?* Public pronouncements can confer an advantage if they are sufficiently precise and clearly commit a public authority to support an undertaking. Introduction Politicians often claim that they would never allow important (...)

The General Court annuls EU Commission decision on state aid (France Télécom)
Van Bael & Bellis (Brussels)
In its judgement handed down on 2 July 2015, the General Court (“GC”) annulled for the second time the EU Commission’s state aid decision relating to public statements made by the French authorities in support of France Télécom (“FT”) and to the offering of a shareholder loan to FT. The alleged state (...)

The EU General Court reminds Member States that individual awards of de minimis aid must remain below the relevant threshold as well as the sum of all individual awards in any three-year period (Italy)
College of Europe (Bruges)
The Use and Abuse of De Minimis Aid & State Resources* Individual awards of de minimis aid must remain below the relevant threshold as well as the sum of all individual awards in any three-year period. Introduction This article reviews a case that, among other things, deal with the use (...)

The UK High Court gives guidance in relation to State aid which may in fact make reliance upon State aid issues more “infrequent” and onerous than was previously the case (British Academy of Songwriters, Composers and Authors)
Blackstone Chambers
Of Megabytes and Men: the private use exception under the judicial lens and lessons for state aid claims* On 19 June 2015, the High Court allowed a claim for judicial review against the decision to introduce a narrow ‘private copying’ exception to the Copyright, Designs and Patents Act 1988 (the (...)

The EU Court of Justice holds that levying charges to maintain equal treatment is not necessarily selective (MOL Magyar Olaj)
College of Europe (Bruges)
Levying of Charges to Maintain Equal Treatment Is Not Necessarily Selective* The standard of proof of whether a measure is selective depends on whether that measure is a scheme or a grant of individual aid. Measures providing for exemption are by definition selective. Measures that impose (...)

The European Court of Justice implicitly rejects the General Court’s views on subjective assessment of two-part State aid measures under Art 107(1) TFEU (MOL Magyar Olaj)
University of Bristol - Law School
CJEU implicitly rejects GC’s views on subjective assessment of two-part State aid measures under Art 107(1) TFEU (C-15/14)* In its Judgment in Commission v MOL, C-15/14, EU:C:2015:362, the CJEU upheld the previous Judgment of the GC where the selectivity of two-part State aid measures was (...)

The EU Court of Justice and General Court explain how to determine whether state guarantees constitute State aid and, if yes, how much aid is involved (Banco Privado Português)
College of Europe (Bruges)
State Guarantees* The amount of State aid in a guarantee that makes possible the granting of a loan to a well-collateralised firm in difficulty is not the difference in premium but the difference in interest rates. Beneficiaries of guarantees not notified to the Commission do not have any (...)

The Finnish Supreme Administrative Court rules that deciding on recovery of unlawful State aid was required by the Commission decision regarding that aid and EU law even though the recipient of the aid was in restructuring proceedings (Osuuskunta Karjaportti)
University of Helsinki
The Finnish Supreme Administrative Court has decided on a complaint concerning the legality of decisions by a Finnish city (the city of Mikkeli) and, later, the Administrative Court of Kuopio . The decisions related to recovery of state aid which had been declared unlawful by the European (...)

The EU General Court dismisses an action for annulment brought by a competitor against a Commission decision finding no state aid in relation to licensing of software terms offered by a university (Scheepsbouwkundig Advies- en Rekencentrum)
University of Bristol - Law School
State aid and (university) software licensing: who’s interested? (T-488/11)* In its Judgment of 12 June 2014 in case Sarc v Commission, T-488/11, EU:T:2014:441, the General Court of the EU (GC) has assessed an interesting case concerned with the licensing of software developed at a Dutch (...)

The EU General Court rules on the matter of power purchase agreements entailing effects of foreclosure that limited the scope for eligible customers to switch to the free market (Dunamenti / Tisza)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog Market Operator in Electricity Distribution: Long-term Purchasing Agreements Must Balance Risks and Rewards* Main points A market operator accepts to be bound in long-term contracts, which entail more risk because market conditions may change, (...)

The EU General Court rules that non-notified state aid cannot be declared compatible retroactively (Greece / Commission)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog A Textbook Case of False Arguments: T-150/12, Greece v Commission* Main points Recipients of State aid obtain an advantage even if they do not succeed to improve their position on the market Recipients of State aid obtain an advantage whenever (...)

The EU General Court confirms that the Commission enjoys a large margin of discretion in determining the compatibility of restructuring aid (ABN Amro Group)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog Two Judgments: a) Unlimited State Guarantees and b) The Discretion of the Commission in Restructuring Measures* Main points Unlimited state guarantees are never compatible with the internal market The existence of an unlimited guarantee and its (...)

The EU General Court rules that the context in which an administrative decision is adopted may reduce the burden of motivation imposed on an institution (ABN Amro Group)
University of Bristol - Law School
GC hints at a reduction of the burden of motivation of administrative decisions under EU law (T-319/11)* In its Judgment of 8 April 2014 in case T-319/11 ABN Amro Group v Commission, the General Court has indicated that the context in which an administrative decision is adopted may reduce the (...)

The EU Court of Justice follows its non-formalistic approach to the application of the market economy private investor test in relation to capital injection subject to repayment (ING Groep)
University of Bristol - Law School
CJEU further pushes for a universal application of the ’market economy private investor test’ (C-224/12)* In its Judgment of 3 April 2014 in case C-224/12 Commission v Netherlands and ING Groep, the Court of Justice of the European Union (CJEU) has followed its antiformalistic approach to the (...)

The Court of Justice of the EU rules that under article 4(3) TEU a national court must take into account the Commission’s statements of position on the meaning and consequences of a Commission Decision (Mediaset)
Blackstone Chambers
“What’s in a Commission Decision?” and other lessons for national courts* In a decision of 13 February 2014, the Court of Justice of the European Union (“CJEU”) added a little gloss to an otherwise well-trodden path in relation to the binding aspects of a Commission Decision. For instance, it is (...)

The EU Court of Justice rules that the national courts dealing with a case of recovery of illegal state aid may not disregard the statement of position made by the Commission in the relevant decision (Mediaset)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog The Role of National Courts in Recovery of Incompatible State Aid* Introduction In December I examined the judgment in the case of Lufthansa v Frankfurt-Hahn, which laid down certain obligations for national courts whenever they are petitioned to (...)

The AG Wathelet of the CJEU finds that the effectiveness of state aid rules would be significantly impaired if Member States could use protection of brand image as an economic rationality argument (SNCM)
University of Bristol - Law School
"National brands" and State aid: AG Wathelet on investing in "State branding" (C-533 & 536/12)* In his Opinion of 15 January 2014 in joined cases C-533/12 P and C-536/12 P SNCM v Corsica Ferries France, Advocate General Wathelet has addressed an interesting (and creative) argument (...)

The EU Court of Justice reinforces the Plaumann test and re-emphasizes the role attributed to the national courts within the framework of the preliminary ruling procedure to ensure judicial review of the legality of EU acts (Telefónica)
University of Bristol - Law School
What’s left of the ’new limb’ of Art 263(4) TFEU after Inuit and Telefonica? (C-274/12 P)* In its Judgment of 19 December in case C-274/12 P Telefonica v Commission, the CJEU has continued to define (and minimise) the scope of Article 263(4) TFEU and, particularly, the ’new’ third limb introduced (...)

The EU Court of Justice examines the concept of state attributability in relation to a fiscal exemption previously approved by the Council (Eurallumina)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog The Possibly Conflicting Roles of EU Institutions on State Aid* Introduction On 10 December 2013, the Court of Justice, in C‑272/12 P, wrote another chapter in the long-running case of the exemption from excise taxes for alumina producers in France, (...)

The EU Court of Justice rules on the matter of non-notified state aid subject to a formal examination procedure initiated by the Commission and the measures to be adopted by the national courts hearing an application for cessation or recovery (Deutsche Lufthansa / Flughafen Frankfurt-Hahn)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog Non-notified State Aid and the Role of National Courts [C 284/12, Deutsche Lufthansa v Flughafen Frankfurt-Hahn]* Introduction What prevents a Member State from granting State aid without first notifying it to the European Commission? Cynics would (...)

The EU Court of Justice confirms prior State aid cannot be taken into account by public authority to justify further subsidies as market behaviour (Land Burgenland)
Siemens
,
Jones Day (Brussels)
In its recent judgment in Land Burgenland (Joined Cases C-214/12 P, C-215/12 P and C-223/12 P) the Court of Justice of the European Union (CJEU) has confirmed that compatible State aid granted to an undertaking in the past must not be taken into account in the context of the Market Economy (...)

The EU Court of Justice rules in favour of the appellant and allows the action for annulment against the Commission decision to reopen an inquiry on the alleged incompatibility of a state aid measure (Deutsche Post)
University of Bristol - Law School
"Ne bis in idem" in State aid control? CJEU quashes Deutsche Post decision (C-77/12 P)* In its Judgment of 24 October 2013 in case C-77/12 P Deutsche Post v Commission, the Court of Justice of the EU quashed a Judgment of the General Court (T-421/07) and (indirectly) questioned a decision (...)

The EU Court of Justice applies "private vendor" test and upholds Commission’s approach on the incompatibility of a state aid for the privatisation of an Austrian bank (GRAWE)
University of Bristol - Law School
Maybe not such a global appraisal of State aid after all: CJEU backtracks from a truly economic approach (C-124/10)* In an interesting recent paper, Pablo Ibáñez Colomo conducts a very detailed statistical overview of State Aid Litigation before EU Courts (2004–2012) Journal of European (...)

The Court of Justice of the European Union recalls that except in the case of ‘absolute impossibility’, the provider State of an illegal State aid is obliged to obtain recovery thereof, despite the potentially major economic consequences for the recipient of the aid (Alcoa)
Norton Rose Fulbright (Paris)
,
Norton Rose Fulbright (Paris)
By a judgment dated October 17, 2013, the Court of Justice of the European Union (the CJEU) recalls that except in the case of ‘absolute impossibility’, the provider State of an illegal State aid is obliged to obtain recovery thereof, despite the potentially major economic consequences for (...)

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 EU General Court rules that a measure designed to offset a structural disadvantage is still State aid (BT Pension Scheme)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog. The Offsetting of a Structural Disadvantage Is still State Aid* Introduction Normally it is conceptually and technically fairly easy to determine whether an undertaking benefits from a public measure. However, this task becomes considerably more (...)

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 upholds the Commission decision on the incompatibility of a state aid granted for the acquisition of a new power plant (Fri-El Acerra)
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 General Court finds that organisations for environmental protection that directly offer goods and services in competitive markets must be regarded as undertakings (Germany / Commission)
Max Findlay Associates
Not playing nicely* Recently, there have been two striking cases of organisations behaving badly in a way that the outside world would think was well out of order. In the first example – the Roma Medical Aids case – it isn’t just about somebody breaking the rules. It’s about a company acting in a (...)

The EU Court of Justice Advocate General Mengozzi clarifies the role of national courts in case of simultaneous state aid investigation by the Commission (Lufthansa, Frankfurt airport, Ryanair)
Van Bael & Bellis (Brussels)
,
Abbie (Wavre)
On 27 June 2013, Advocate General Mengozzi rendered an opinion clarifying the role of national courts in case of simultaneous state aid investigation by the European Commission (the “Commission”). The case stems from a dispute between Lufthansa and the Frankfurt airport regarding the (...)

The EU Court of Justice dimisses the appeal of the Commission in relation to the failure to act as regards a state aid measure allegedly granted to Italian airlines (Ryanair)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog Exceptional Circumstances, Natural Disasters, Commercial Risk and Rights of Complainants* Rights of Complainants Concerning Unlawful Aid: Case C-615/11 P, European Commission v Ryanair, 16 May 2013 The European Commission appealed against the (...)

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 EU Court of Justice holds that the EU Commission did not correctly apply the hypothetical private creditor test when holding that Poland had granted aid to steel producer (Technologie Buczek)
Van Bael & Bellis (Brussels)
In a judgment delivered on 21 March 2013, the ECJ has followed the GC that the European Commission did not correctly apply the hypothetical private creditor test when holding that Poland had granted aid to the Technologie Buczek Group (“TB”). The ECJ confirmed that a comparative analysis (...)

The EU Court of Justice rules that seemingly separate interventions may constitute a single measure if they are inseparable by way of timing, purpose and the condition of the beneficiary undertaking (Bouygues)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog Where is the Money? The Link between Advantage and Transfer of State Resources* On 19 March 2013, the Court of Justice delivered an important judgment in case C-399/10 P, Bouygues v European Commission concerning aid that was granted by France to (...)

The EU Court of Justice establishes that the General Court erred in law, both in its review of the Commission’s finding on public resources conferring state aid and in the assessment of the links between the established advantage and the commitment of public resources (Bouygues)
Mircea & Partners (Bucharest)
I. Introduction This state aid judgment of the CJEU refers to credit guarantees under the form of a non-implemented shareholder loan agreement and the relation between the advantages conferred on the beneficiary and the allocation of state resources. The General Court judgment adopted an (...)

The Irish High Court dismisses claims for the liability of the Irish State for damages regarding an unlawful risk equalisation scheme in the provision of private health insurance by insurers (BUPA, Anor)
Matheson (Dublin)
Background In 2006, the Irish High Court dismissed the claims of BUPA Ireland (“BUPA”) challenging the introduction by the Irish State of a risk equalisation scheme (the “Scheme”) in the provision of private health insurance by insurers in Ireland. The scheme operated based on the concept of (...)

The EU Court of Justice upholds that the construction of a new runway being inherently related with an economic activity falls outside the scope of exercise of state authority (Leipzig Halle)
European Court of Justice (Luxembourg)
The Leipzig-Halle judgment of the CJEU: is the financing of a transport infrastructure an economic activity subject to State aid rules?* Leipzig-HalleThe financing and construction of transport infrastructure has often been considered in the past to fall outside the ambit of State aid rules, (...)

The Finnish Supreme Administrative Court decides that the EU State aid rules are not applicable to a transaction where industrial property was sold
University of Helsinki
The municipal executive board of the municipality of Iitti had accepted a sale of industrial property choosing one of two offers made. The industrial property included a land area and an industrial building. Due to a complaint by a resident of the municipality, a Finnish administrative court (...)

The ECJ provides further guidance as to whether restructuring aid granted pre-accession represents “existing aid” in the meaning of Article 1 of Regulation 659/1999 (Kremikovtzi)
Kinstellar (Sofia)
The European Court of Justice (the "ECJ") ruled that restructuring measures implemented prior to a Member State’s accession to the European Union may not be considered to constitute "existing aid" in the meaning of Article 1(b) of Regulation 659/1999 since they were not applicable after (...)

The EU General Court rules that an unlimited state guarantee granted to the postal services company constitutes incompatible state aid (La Poste)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog Two Judgments: a) Unlimited State Guarantees and b) The Discretion of the Commission in Restructuring Measures* Main points Unlimited state guarantees are never compatible with the internal market The existence of an unlimited guarantee and its (...)

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 EU General Court annuls Commission decision for interpreting thresholds in guidelines on national regional aid as a de minimis rule (Smurfit Kappa)
Van Bael & Bellis (Brussels)
In a judgment of 10 July 2012, the General Court disagreed with the European Commission which had held that the formal investigation procedure provided for in Article 108 (2) TFEU should not be initiated when the thresholds relating to market shares and to the increase in production (...)

The EU Court of Justice reaffirms the objective character of the notion of state aid finding that the private investor test remains applicable even in cases where the means employed by the state are not available to a private investor (EDF)
European Court of Justice (Luxembourg)
The EDF judgment of the CJEU in case C-124/10 P: towards a public investor test in EU State aid law?* On the 5th of June 2012, the Court of Justice of the EU (hereafter ‘CJEU’) delivered an important judgment in the field of European State aid law on the very notion of State aid and the (...)

The EU General Court partly annuls EU Commission decision on restructuring aid granted to a bank on account of the financial crisis (ING)
Van Bael & Bellis (Brussels)
On 2 March 2012, the General Court (“GC”) has partly upheld ING’s appeal against a Commission decision of 2009 regarding various forms of aid granted by the Dutch State to the banking group ING in the context of the latter’s restructuring plan during the financial crisis. The ING group had (...)

The EU General Court confirms the EU Commission’s decision ruling that the Province of Burgenland had granted State aid which was not compatible with the common market (Land Burgenland and Republic of Austria)
Trummer & Thomas
,
Trummer & Thomas
,
Borealis
I. Introduction On 28 February 2012 the General Court confirmed the European Commission’s (“Commission”) decision of 30 April 2008 and ruled that the Province of Burgenland had granted State aid to Grazer Wechselseitige Versicherung AG (“GRAWE”) which was not compatible with the common market. (...)

The EU Court of Justice clarifies that Dutch court must cancel an illegal guarantee covering a loan when such measure is the least onerous (Residex)
Van Bael & Bellis (Brussels)
In a preliminary ruling handed down on 8 December 2011, the ECJ interpreted the state aid obligations imposed on national courts as including the obligation to cancel a guarantee by virtue of which unlawful aid was implemented and order the recovery of the aid, provided that there are no (...)

The EU Court of Justice confirms Commission and General Court’s views on illegality of special tax regime applied to French telecom operator (France Télécom)
Van Bael & Bellis (Brussels)
In its judgment of 8 December 2011, the Court of Justice of the European Union (“ECJ”) agreed with the Commission and the General Court that France Télécom had benefited illegally from state aid in the form of tax subsidies between 1994 and 2002. The Commission had investigated the tax (...)

The European Court of Justice holds that Italy failed to comply with the Commission’s State aid decision addressing the issue of the status of protocol on internal market and competition (Commission / Italy)
Den Haag, Asser Institute
“Thanks Nicolas Sarkozy, but no thanks.” CJEU rules on status of Protocol on Internal Market and Competition* When the EU leaders agreed on the final version of the Lisbon Treaty, one particular amendment caused turmoil in the European competition law community. The Lisbon Treaty repealed the (...)

The EU Court of Justice rules that the General Court has erred in annulling the Commission decision qualifying a proposed tax reform as a state aid scheme (Government of Gibraltar)
Van Bael & Bellis (Brussels)
On 15 November 2011, the European Court of Justice (“ECJ”) ruled that the General Court had erred in annulling the Commission decision qualifying Gibraltar’s proposed tax reform as a state aid scheme. The new corporate tax regime that the Government of Gibraltar intended to adopt was (...)

The EU General Court orders the EU Commission to pay damages to a third party in State aid proceedings, for disclosing its name and detrimental information relating to it (Idromacchine)
Van Bael & Bellis (Brussels)
The General Court has ordered the European Commission to pay damages to Idromacchine Srl (“Idromacchine”), a third party in state aid proceedings, for disclosing its name and detrimental information relating to it in a Commission decision that was published in the Official Journal. In (...)

The EU Court of Justice sides Germany that Commission injunctions to provide information can be challenged (Deutsche Post)
Van Bael & Bellis (Brussels)
In its judgment handed down on 13 October 2011, the Court of Justice overturned the General Court’s ruling that appeals by Germany and Deutsche Post AG (“Deutsche Post”) relating to a Commission injunction requesting information in state aid investigations were inadmissible. At issue was (...)

The EU General Court rules that the EU Commission failed its duty to act following a complaint by low cost airline against alleged State aid to Italian airlines (Ryanair)
Van Bael & Bellis (Brussels)
On 29 September 2011, the General Court handed down its judgment concerning complaints by Ryanair concerning alleged state aid to Italian airlines. The General Court found that the Commission had failed in its duty to act on the complaints. The case stems from letters sent by the low (...)

The European Court of Justice upholds the General Court’s decision addressing the issue of the admissibility of action in state aid cases under the Plaumann test (Comitato Venezia vuole vivere)
European Commission - Legal Service
Death in Venice: The end of a Commission’s locus standi theory in State aid cases?* Following my previous post, I would like to briefly refer to another interesting battlefield within the State aid area: the locus standi of the beneficiaries of aid schemes (think, for instance, of tax (...)

The European Court of Justice confirms admissibility of action for annulment brought by rival in a purchasing market (Commission v Kronoply and Kronotex)
Van Bael & Bellis (Brussels)
In a Grand Chamber judgment of 24 May 2011, the Court of Justice (“ECJ”) sided with the General Court (“GC”) and confirmed the admissibility of a challenge brought against a Commission decision not to open a formal investigation into a state aid case. At the origin of the case were a number of (...)

The EU General Court annuls Commission decision finding illegal state granted by Poland and its failure to recover public debts from ailing company (Buczek Automotive)
Van Bael & Bellis (Brussels)
On 17 May 2011, the General Court (“GC”) ruled against a Commission decision dated 23 October 2007 ordering Poland to recover state aid granted to the Polish steel producer Technologie Buczek(“TB”) from TB‘s subsidiary Buczek Automotive sp. z o.o. (“BA”). Confronted with financial difficulties, TB (...)

The European Commission rejects complaints filed by mobile phone operators already active in the French market, as it finds that the procedure for awarding fourth 3G mobile phone licence does not involve any State aid (France – 4th UMTS licence)
University Luiss Guido Carli - GRIF (Rome)
,
European Commission - DG COMP
"State aid: main developments between 1 May and 31  August 2011"* On 10 May 2011 the Commission rejected complaints filed by three mobile phone operators already active in the French market, as it found that the procedure for awarding France’s fourth 3G mobile phone licence in 2009 did not (...)

The European Commission decides that the level of fee charged by the French government for spectrum assignment to the 4th mobile operator did not entail any State aid in the meaning of Art. 107(1) TFEU
Université de Namur
,
European Commission - DG COMP
"The Assignment of Spectrum and the EU State Aid Rules: the case of the 4th 3g license assignment in France"* 1. The French 4th mobile communications licence On 5 May 2011, the Commission decided that the level of the fee charged by the French government in 2009 for spectrum assignment to (...)

The European Commission re-assesses a State aid case and decides that the purchase price paid by a Finnish municipality to a real estate company does not constitute a State aid and complies with the market investor principle (Componenta, Finnish municipality Karkkila)
European Commission - DG COMP
,
European Commission - DG COMP
State aid: main developments between 1 January and 30 April 2011* Following the Court annulment of a Commission decision of 2005, on 20 April the Commission adopted a decision stating that the purchase price paid by the Finnish municipality Karkkila to Componenta does not constitute state aid (...)

The European Commission decides that investment aid for two German interlinked plants constitutes State aid that was compatible with the internal market under Article 107(3) TFEU (Glunz and OSB Deutschland)
European Commission - DG COMP
,
European Commission - DG COMP
State aid: main developments between 1 January and 30 April 2011* On 23 March, the Commission decided that investment aid for Glunz and OSB Deutschland, two interlinked plants, constituted state aid that was compatible with the internal market under Article 107(3) TFEU. The measure was (...)

The German High Court rules that companies have standing to sue against illegal State aid to competitors (Lufthansa, Ryanair)
Jones Day (Frankfurt)
,
Jones Day (Dusseldorf)
,
Jones Day (Frankfurt)
In a decision of 10 February 2011, the German Federal Court of Justice (Bundesgerichtshof, BGH) ruled that companies can bring court action the challenge state aid granted to their competitors. Companies doing business in Germany will in the future have to ensure that all their transactions (...)

The German High Court rules that companies have standing to sue against illegal State aid to competitors (Lufthansa, Ryanair)
Jones Day (Frankfurt)
,
Jones Day (Dusseldorf)
,
Jones Day (Frankfurt)
In a decision of 10 February 2011, the German Federal Court of Justice (Bundesgerichtshof, BGH) ruled that companies can bring court action the challenge state aid granted to their competitors. Companies doing business in Germany will in the future have to ensure that all their transactions (...)

The EU General Court upholds the Commission’s view that a State aid measure, notified by Italy and implemented by allocating an amount of € 10 M in addition to the notified amount, was incompatible with the common market (Italian v. Commission)
Van Bael & Bellis (Brussels)
In two judgments of 3 February 2011, the General Court upheld the Commission’s view that a State aid measure, notified by Italy and implemented by allocating an amount of € 10 million in addition to the notified amount (of € 10 million), was incompatible with the common market. The original State (...)

The EU General Court upholds the Commission’s view that a State aid measure, notified by Italy and implemented by allocating an amount of € 10 M in addition to the notified amount, was incompatible with the common market (Italian v. Commission)
Van Bael & Bellis (Brussels)
In two judgments of 3 February 2011, the General Court upheld the Commission’s view that a State aid measure, notified by Italy and implemented by allocating an amount of € 10 million in addition to the notified amount (of € 10 million), was incompatible with the common market. The original State (...)

The EU General Court confirms illegality of Italian State aid in shipbuilding sector and rules on temporary application of substantive rules governing State aid (Cantiere navale De Poli)
Van Bael & Bellis (Brussels)
In two judgments of 3 February 2011, the General Court upheld the Commission’s view that a State aid measure, notified by Italy and implemented by allocating an amount of € 10 million in addition to the notified amount (of € 10 million), was incompatible with the common market. The original State (...)

The EU General Court confirms illegality of Italian State aid in shipbuilding sector and rules on temporary application of substantive rules governing State aid (Cantiere navale De Poli)
Van Bael & Bellis (Brussels)
In two judgments of 3 February 2011, the General Court upheld the Commission’s view that a State aid measure, notified by Italy and implemented by allocating an amount of € 10 million in addition to the notified amount (of € 10 million), was incompatible with the common market. The original State (...)

The European Court of Justice rules that Italy failed to recover unlawful aid and rebukes domestic courts for suspending such recovery (Commission v. Italy)
Van Bael & Bellis (Brussels)
On 22 December 2010, the Court of Justice ruled that Italy had failed to recover State aid which had been declared unlawful by the Commission. In its Decision 2006/261, the Commission declared incompatible with the common market the State aid scheme set up by Italy in the form of tax (...)

The European Court of Justice endorses the “single economic unit” reasoning of the Commission in a decision concerning State aid intended to grant reduction of greenhouse gas emissions (AceaElectrabel)
Van Bael & Bellis (Brussels)
In a judgment of 16 December 2010, the European Court of Justice (“ECJ”) dismissed an appeal brought by AceaElectrabel Produzione SpA (“AEP”) against a judgment of the General Court upholding a Commission decision concerning State aid that Italy intended to grant for the reduction of greenhouse gas (...)

The European Court of Justice upholds General Court’s and Commission’s views on illegality of German aid granted to ailing privately-owned company (Kahla Thüringen)
Van Bael & Bellis (Brussels)
On 16 December 2010, the European Court of Justice (“ECJ”) rejected an appeal lodged by Kahla Thüringen Porzellan GmbH (“Kahla Thüringen”) against a judgment of the General Court which upheld a Commission decision ordering the recovery of illegal State aid granted to Kahla Thüringen. Between 1994 (...)

The European Court of Justice once again refers a casino case back to General Court (Athinaïki Techniki)
Van Bael & Bellis (Brussels)
On 16 December 2010, the European Court of Justice (“ECJ”) set aside for the second time an inadmissibility order from the General Court in the Casino Mont Parnès case. In 2001, a public contract disposing 49% of the capital of the Casino Mont Parnès was awarded by the Greek authorities to the (...)

The European Commission refers Spain to the EU Court of Justice for failure to respect Court ruling to recover illegal aid (Magefesa group, Basque Provinces of Alava, Guipúzcoa and Vizcaya)
European Commission - DG COMP
,
Hogan Lovells (Madrid)
State Aid: Main developments between 1 September and 31 December 2010* On 30 September 2010 and on 24 November 2010 the Commission decided to refer Spain to the Court of Justice for failing to implement a previous Court ruling which confirmed certain Commission decisions finding that (...)

The European Commission refers Italy to the EU Court of Justice for failure to implement a previous Court’s decision ordering the recovery of illegal and incompatible state aid from utilities with a majority public capital holding
European Commission - DG COMP
,
Hogan Lovells (Madrid)
State Aid: Main developments between 1 September and 31 December 2010* On 28 October 2010 the Commission decided to refer Italy to the Court of Justice for failing to implement a previous Court ruling decision ordering the recovery of illegal and incompatible State aid from utilities with a (...)

The European Court of Justice upholds General Court’s judgment and dismisses action for damages regarding State aid scheme for investment in the less-favoured regions of Italy (Nuova Agricast, Cofra)
Van Bael & Bellis (Brussels)
On 14 October 2010, the Court of Justice sided with the General Court and dismissed an action for damages brought by two Italian companies, Nuova Agricast and Cofra (the “Appellants”), against the Commission. In 1998, following an invitation published by the Italian authorities, the Appellants (...)

The EU General Court upholds Commission’s decision ordering recovery of state aid granted through warranties relating to the operation of a leading express transportation’s hub (DHL)
Van Bael & Bellis (Brussels)
On 7 October 2010, the General Court rejected DHL’s application for partial annulment of a decision adopted by the Commission on 23 July 2008 with regard to an agreement concluded between DHL and FLH, the company operating Leipzig-Halle Airport. Under the terms of that agreement, FLH was to (...)

The European Court of Justice quashes General Court’s judgment and finds no manifest error in Commission’s assessment of State aid (Scott)
Van Bael & Bellis (Brussels)
On 2 September 2010, the Court of Justice quashed a ruling of the General Court which partly annulled a Commission decision finding illegal State aid in the sale of a parcel of land by the French authorities to Scott S.A. (“Scott”). According to the Commission, Scott unduly benefited from a (...)

The European Court of Justice confirms General Court’s annulment of the Commission decision in a State aid case (Deutsche Post)
Van Bael & Bellis (Brussels)
On 2 September 2010, the Court of Justice handed down its judgment in the Deutsche Post State aid case. It rejected the Commission’s appeal, thereby confirming the annulment of the Commission decision in question. Deutsche Post operates both in the mail delivery sector, in which it enjoys a (...)

A French Court of Appeal, upon referral from the Supreme Court, puts an end to the debate on whether the tax on direct sales amounts to State aid on the basis of article 108.1 TFEU (Glaxosmithkline, Boiron, Bristol Myers Squibb)
CMS Bureau Francis Lefebvre (Paris)
,
CMS Bureau Francis Lefebvre (Paris)
In three decisions handed down on 2 September 2010, the Court of Appeal of Versailles ruled that the tax on direct sales failed to comply with the “Altmark test” designed by the European Court of Justice (now the Court of Justice of the European Union, hereinafter “the Court of Justice”) in order (...)

The EU General Court finds that public statements of support by the French Government did not constitute State aid in favour of the incumbent telecom operator (France Télécom)
Van Bael & Bellis (Brussels)
In a judgment handed down on 21 May 2010, the General Court (hereinafter the “GC”) held that statements by the French authorities aimed at assuring France Télécom (hereinafter “FT”) of their support in the context of a major financial crisis experienced by FT did not constitute State aid. According (...)

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 refers Italy to the European Court of Justice for failing to comply with a decision concerning the recovery of unlawful State aid for certain investment projects in the hotel industry (Region of Sardinia)
European Commission - DG COMP
"State aid: main developments between 1 January and 30 April 2010"* The Commission has decided to refer Italy to the European Court of Justice for failing to comply with a Commission decision of July 2008. On 12 November 1998, the Commission approved an aid measure in favour of the hotel (...)

The European Court of Justice upholds Commission’s appeal against annulment of State aid decision on excise duty exemptions for alumina production (Commission v. Ireland)
Van Bael & Bellis (Brussels)
On 2 December 2009, the Court of Justice (the “ECJ”) set aside the judgment of the Court of First Instance (now the General Court (the “GC”)) that had annulled a Commission’s decision declaring exemptions from the excise duty on mineral oils used as fuel for alumina production in France, Ireland and (...)

The European Court of First Instance dismisses an appeal in a State aid case in the telecommunications sector (France Télécom)
Van Bael & Bellis (Brussels)
On 30 November 2009, the Court of First Instance (now the General Court (the “GC”)) issued a judgment dismissing the appeal lodged by France Télécom and France against the decision of the Commission which found that France Télécom had received unlawful State aid in the form of a special tax regime (...)

The EU Court of First Instance dismisses an appeal lodged by Germany against the Commission’s decision ordering Germany to provide information about a State aid scheme that fell within the scope of Regulation 70/2001, which provides an exemption from notification for certain aid for SMEs (Germany v. Commission)
Van Bael & Bellis (Brussels)
On 25 November 2009, the Court of First Instance (now the General Court (the “GC”)) dismissed an appeal lodged by Germany against the decision of the European Commission ordering Germany to provide information about a State aid scheme that fell within the scope of Regulation 70/2001, which (...)

The European Court of Justice imposes a two-fold penalty on Greece under an Article 228 EC procedure for non-recovery of illegal State aid granted to airline company (Olympic Airways)
Van Bael & Bellis (Brussels)
On 7 July 2009, the European Court of Justice (ECJ) imposed a two-fold penalty on Greece under an Article 228 EC procedure for non-recovery of illegal State aid granted to Olympic Airways. The case dates back to 2002 when the Commission found certain aid granted to Olympic Airways incompatible (...)

The Swedish Administrative Court of Appeal states that a municipality’s sale of a high school constitutes illegal State aid on the basis of national provision while declining to rule on the EC State aid point of law (Christer Backstrom)
Swedavia AB
,
General Court of the European Union (Luxembourg)
,
Öberg & Associés
Factual Background In May 2007, the municipal council in Täby, north of Stockholm, decided to close down the public activity at the high school “Tibble Gymnasium” and to approve that the school activity be carried on by a private undertaking (“Tibble Friståande Gymnasium AB” - “Tibble Indepedent (...)

The Swedish Administrative Court of Appeal in Göteborg finds that the decision taken by a municipality board to participate in a subscription of shares in a company owned by the municipality constitutes illegal aid to an undertaking (Ingemar Basth)
Swedavia AB
,
General Court of the European Union (Luxembourg)
,
Öberg & Associés
Factual Background In 2007, the municipality board in Ulricehamn decided to participate in a subscription of shares in a company owned by the municipality to a total value of 15 million SEK. A private citizen resident in the municipality brought court proceedings in accordance with the Local (...)

The ECJ Advocate General Sharpston issues opinion on the standing of a trade union in State aid appeals (3F)
Van Bael & Bellis (Brussels)
On 5 March 2009, Advocate General Sharpston gave her opinion on an appeal brought by a trade union, 3F, against an order of the Court of First Instance (“CFI”), which found that the trade union did not have standing to appeal a Commission decision not to open an in-depth investigation under (...)

The ECJ Advocate General Trstenjak issues his opinion on the burden of proof in relation to recovery illegal State aid decisions (MTU Friedrichshafen)
Van Bael & Bellis (Brussels)
In an opinion handed down on 19 February 2009, Advocate General Trstenjak proposes that the Commission’s appeal against a judgment of the Court of First Instance (CFI) which annulled a Commission decision ordering the recovery of illegal aid should be dismissed. The Advocate General considers, (...)

The Polish Supreme Court rules that ignorance of law burdens both contracting parties if they are concluding a contract which is contrary to law, in particular with EC State aid law (Fish-processing plant)
Greenberg Traurig Grzesiak (Warsaw)
,
PKN Orlen
Factual background: The claimant brought an action against the Agency for Restructuring and Modernization of Agriculture for payment in relation to the agreement on grant of financial aid for the claimant in respect of a project relating to periodic suspension of activities concerning (...)

A Polish Appeals Court rules on the issue of costs reimbursing in the case of undue SAPARD aid (Agency for Restructuring and Modernization of Agriculture / M. L.)
Greenberg Traurig Grzesiak (Warsaw)
,
PKN Orlen
Factual background: The plaintiff brought an action against M.L. to recover unduly received financial aid in relation to SAPARD Programme. According to the agreement between the Agency and the defendant, the Agency undertook to refund part of the costs incurred in order to complete the (...)

The EU Court of First Instance annuls the Commission decision on State aid granted to a low cost airline (Ryanair)
Van Bael & Bellis (Brussels)
On 17 December 2008, the Court of First Instance (hereinafter the ‘CFI’) annulled the Commission decision in which the Commission had found that the advantages granted by the Walloon Region and Brussels South Charleroi Airport (‘BSCA’) to Ryanair constituted illegal State aid. The CFI found, in (...)

The Brussels Court of Appeal rejects State aid pleas in the context of a bank rescue plan (Fortis)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
1. Introduction In order to tackle the financial turmoil of last September, the Belgian State acquired in two steps Fortis Bank. Firstly, on 28 September 2008, the Belgian State (via the “SFPI”, the “Federal Participation and Investment Company”, together with the Luxembourg and the Dutch States (...)

The Finnish Supreme Administrative Court sends a case back to the Administrative Court as it had not ruled on the question whether the arrangement constituted State aid (Atlas-Invest)
Dittmar & Indrenius
Factual Background The City Council of Kouvola had resolved to approve the purchase offer of 500,000.00 euros on a parcel of land. The purchase offer amounted to the equivalent of the price announced by the City of Kouvola, but after the approval of the offer, two other offers with higher (...)

The UK Lands Tribunal rules there is no evidence that the application of a different valuation method between undertakings to assess the value of telecommunications network has resulted in an advantage likely to confer unlawful State aid (Kingston - British Telecom)
Freshfields Bruckhaus Deringer (Tokyo)
The situation of BT and the assessment of the valuation of its fibre optic hereditament is not comparable to that of Vtesse and therefore it is impossible to say whether BT has been given any unfair advantage or more favourable treatment contrary to the broad principles of Article 87 EC. (...)

The Lithuanian Supreme Administrative Court states that a municipality is not entitled to grant interest-free credits without applying State aid rules (Kedainiai District Municipality Council)
Raidla Lejins & Norcous
,
Valiunas Ellex (Vilnius)
Factual background On 13 October 2000 the municipality council adopted decision No 187 “Concerning the Establishment of a Fund to Support Producers of Agriculture Products”. The decision provided for granting of interest-free credits to natural persons, undertakings, cooperatives, village (...)

The Spanish Supreme Court of Justice of the Basque Country clarifies the scope of application of the special tax regime of the Basque Country (Arbegui)
Hogan Lovells (Madrid)
,
Allianz (Brussels)
Factual Background: Appeal by a company located in Vizcaya (the "Company") against a judgement by the Economic-Administrative Court of Vizcaya dated 18 September 2006 confirming the refusal of the Company’s tax settlement by the Regional Tax Office of Vizcaya ("RTOB") due to an illegal tax (...)

The European Court of Justice clarifies the criteria for assessing selectivity of regional tax measures (Unión General de Trabajadores de la Rioja)
Van Bael & Bellis (Brussels)
In a judgment of 11 September 2008, the European Court of Justice (hereinafter the ‘ECJ’) clarified the criteria for determining whether tax measures adopted by a regional authority are to be considered as selective and thus amounting to State aid. This judgment relates to a tax measure adopted (...)

The Dutch Court of Appeal rules that an objective justification under the State aid rules does exist for tax measures that are of a purely technical nature (Ryanair - Maastricht Aachen Airport)
Hogan Lovells (Amsterdam)
Factual Background With effect from 1 July 2008, the Dutch Government introduced a new tax law levying a EUR 45 flight tax for all passengers on board flights departing from the Netherlands for destinations outside the European Union, and EUR 11.50 for destinations within the European Union. (...)

The Spanish Supreme Court confirms recovery of a State aid granted by way of a central Government subscription in the shares of the beneficiary (Mediterráneo Técnica Textil)
Hogan Lovells (Madrid)
,
Allianz (Brussels)
Factual Background: Appeal by the Central Government against a judgement given by the Regional Audience of Seville (the "Judgement") refusing its right to recover a State aid which had previously been declared illegal and incompatible with the Common Market by the European Commission. The (...)

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 European Court of Justice annuls Court of First Instance’s judgment on State aid in the postal sector (Chronopost, La Poste)
Van Bael & Bellis (Brussels)
On 1 July 2008, the European Court of Justice (hereinafter ‘the ECJ’) annulled a judgment of the Court of First Instance (hereinafter ‘the CFI’) which annulled a 1997 Commission decision in so far as the Commission had found that the logistical and commercial assistance provided by the French Post (...)

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)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual Background The syndicate seeks the annulment of the judgment of the administrative court of Pau (first instance) in which the applicant had obtained the annulment of a decision of the city of Bayonne granting a concession to an undertaking for the operation of public transport. The (...)

The EU Court of First Instance partly annuls Commission’s decision declaring State aid for air transport losses connected with the New York terrorist attacks incompatible with the common market (Olympiaki Aeroporia Ypiresies)
Van Bael & Bellis (Brussels)
On 25 June 2008, the Court of First Instance (hereinafter the “CFI”) annulled in part the Commission decision declaring certain aid granted to a Greek airline as compensation for losses resulting from the events of 11 September 2001 incompatible with the common market. The CFI held, in (...)

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)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual Background The society Primistères Reynoird imports goods from the continental part of France and other Member States of the European Union to Guyana and paid the levies in relation to the dock dues and an additional tax for the period between 1 October 1991 and 31 December 1992. In (...)

The Austrian Supreme Court rules that an advantage that may qualify as an existing State aid under Art. 87 EC may be considered permissible as long as the EC Commission has not declared this advantage as being incompatible (Newspaper cross-financing, Wiener Zeitung II)
Salzburg University
On 10 June, 2008, the Austrian Supreme Court ruled that the view according to which an advantage that may qualify as an existing state aid measure under Article 87 EC may be considered permissible as long as the Commission has not declared this advantage as being incompatible with the Common (...)

The Dutch Court of Appeal rules that granting GSM frequencies to two mobile operators for no consideration is not a form of unlawful State aid (Orange Nederland)
Hogan Lovells (Amsterdam)
Factual Background On 1 September 1994, the Dutch Act on Telecommunication Services (Wet op de Telecommunicatievoorzieningen) came into force, implementing Directive 87/372/EEC of 25 June 1987. On the basis of this Directive, all Member States agreed to allocate frequencies to (digital) mobile (...)

A German higher regional court quashes the 2006 ruling of a lower regional court and rejects an air carrier claims on grounds of inadmissibility and on the merits, holding that Art. 87 and 88 EC as the related national provisions cannot be construed as supporting claims of competitors (Ryanair 2)
Maersk (Copenhagen)
Factual background The Higher Regional Court had to deal with the appeal against the “Ryanair 1” decision of the Kiel Regional Court of 27 July 2006 (see Kiel District Court of 27 July 2006, Landgericht Kiel 1 (Kammer für Handelssachen), 14 O Kart. 176/04, “Ryanair 1”). In its appeal the defendant (...)

A German Administrative Court of appeal rules that a broadcasting tax that is part of an existing aid cannot be challenged before a national court unless the EC Commission demands its modification be suppressed pursuant to Art. 88.2 EC ("Rundfunkgebühr 1")
European Commission - DG COMP
,
Maersk (Copenhagen)
Brief description of the facts and legal issues The Baden-Württemberg administrative court of appeal holds that a tax payer, refusing to pay a radio tax, cannot base its claim upon an alleged infringement of EC State aid rules by the German radio financing system. This broadcasting tax is part (...)

The Lithuanian Supreme Administrative Court rules that the actions of the Ministry of Agriculture were legal and could not engage its civil liability and rejects the applicant’s claims without examining the issue under State aid rules (Arvi Cukrus UAB)
Raidla Lejins & Norcous
,
Valiunas Ellex (Vilnius)
Factual background Pursuant to the order of the Minister of Agriculture No 412 “Concerning the Export of White Sugar” dated 21 October 2002, sugar manufacturers were subject to mandatory export quotas of white sugar. According to the applicant, the export price of the compulsory quota was (...)

The EU Court of First Instance annuls the Commission decision clearing export aid in the French book sector (SIDE)
Van Bael & Bellis (Brussels)
On 15 April 2008, the Court of First Instance (hereinafter the “CFI”) annulled a Commission decision which had found State aid granted to a French book exporter compatible with the common market. The CFI ruled that the Commission had, firstly, erred in law by applying new Treaty rules (...)

The European Court of Justice rules that Greece had failed to comply with a Commission State aid decision issued in 2005 by not taking necessary measures to recover illegal aid granted to airline company (Olympic Airways Services and Olympic Airlines)
Van Bael & Bellis (Brussels)
On 14 February 2008, the European Court of Justice (the ECJ) ruled that Greece had failed to comply with a Commission State aid decision issued in 2005 by not taking necessary measures to recover illegal aid granted to Olympic Airways Services and Olympic Airlines. The public financial (...)

The European Court of Justice rules that a Member State is not required to recover aid that has initially been found unlawful as a result of a failure to notify the aid package to the Commission when this aid has subsequently been declared compatible with the common market (CELF)
Van Bael & Bellis (Brussels)
On 12 February 2008, the European Court of Justice (the ECJ) ruled that a Member State is not required to recover aid that has initially been found unlawful as a result of a failure to notify the aid package to the Commission when this aid has subsequently been declared compatible with the (...)

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)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual background In the decision of the Court of Appeal of Brussels of 16 March 2005, it was held that the Belgian State was not wrong to allow Belgacom, the incumbent Belgian telecommunication company to benefit from a tax exemption pursuant to a provision in a law of 1930 and included in (...)

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)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual Background Régie Networks, an undertaking selling advertising space for the NRJ Group’s local radio stations, paid EUR 152 524 by way of parafiscal charge levied on advertisements broadcast on radio and television in 2001. It claimed reimbursement of that sum from the local tax (...)

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)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual Background The society seeks the annulment the administrative tribunal of Clermont-Ferrand judgment rejecting its claims for reimbursement of a tax on the expenses of the trade chambers (from 1991 to 2002). The disputed tax is instituted by a provision of the general tax code and is (...)

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 Greek administrative Court of appeal rules that interest due in the case of recovery of illegal aid constitutes a distinct category of interest which may not be confused or in any way affected by other types of interest or other provisions of national tax law (Heracles)
International Transport Forum
Factual Background: In 1983, Greece adopted Law 1386/1983 for the organization for the financial reconstitution of undertakings. Law 1386/1983 created an organization operating under the name of Business Reconstruction Organisation, whose purpose was to contribute, inter alia, to the social (...)

The Spanish Superior Court of Justice of Madrid denies tax exemption for a compensation for dismissal which had been paid with a State aid (Central Administration)
Hogan Lovells (Madrid)
,
Allianz (Brussels)
Factual Background: Appeal by a worker who voluntarily accepted to be paid compensation for dismissal by joining employment regulation proceedings ("ERP"). The funding for the ERP came from state aid. The worker subsequently claimed compensation for unfair dismissal. The appeal was rejected by (...)

A Swedish Court rules on alleged illegal State aid from the City of Stockholm to promote local broadband infrastructure (Thomas Svensson)
Swedavia AB
,
Hudson Advisors
Introduction There are no specific rules with regard to state aid in Sweden and the number of cases brought before a Swedish court are few. This, of course, causes a certain amount of unpredictability and uncertainty as regards the application of the EC state aid rules in the national legal (...)

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)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual Background The claimants contested the taxation of an indemnity paid to public servants having changed their regime of mutual insurance. This sum was taxed under Article 160-0 A of the General Tax Code. The claimants argued that the tax led to an infringement of article 3 g) EC and (...)

The Greek Administrative Court of Appeal of Athens annuls a decision of the Regulatory Authority for Energy, finding that the alleged misapplication by the latter of national legislation pertaining to the costs to be incurred in connecting to the electricity transmission system amounted to State aid to the new system user (Public Power Corporation)
International Transport Forum
Parties: Appellant: Public Power Corporation S.A. Defendant: Greece (Minister of Development and Regulatory Authority for Energy) Background information: In 1999 Greece adopted Law 2773/1999 (the so-called Electricity Law), aligning its national legislation with Directive 96/92/EC concerning (...)

The Lithuanian Supreme Administrative Court holds that an exclusive operator in the field has not been granted any advantage within the meaning of State aid provisions when operating beyond the boundaries of the secure network and rules that the nature and the purpose of products on devices determines whether a monopoly is lawful (TEO LT - Omnitel - Bite Lietuva)
Raidla Lejins & Norcous
,
Valiunas Ellex (Vilnius)
Factual background Pursuant to the order of the Minister of Internal Affairs No 1V-167 dated 14 May 2004, the public undertaking Infostruktura was authorised to act as the exclusive operator of the secure data transmission network in Lithuania. Consequently, providers of similar electronic (...)

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)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual Background This case is one in a series of cases against pharmaceutical producers and wholesale distributors concerning a provision of the French Code de la santé publique (Public Health Code). The relevant provision obliges pharmaceutical wholesalers to stock enough medical products to (...)

The Lithuanian Supreme Administrative Court upholds the decision of the lower court that the applicant did not meet the requirement for the ownership of the capital necessary to qualify the measure as State aid (Selos Parkas)
Raidla Lejins & Norcous
,
Valiunas Ellex (Vilnius)
Factual background On 10 June 2004 the Minister of Economy adopted order No 4-222 establishing “Guidelines for applicants to receive financial support from the structural funds of the European Union according to the Lithuanian general programme document for 2004-2006” (the “Guidelines”). The (...)

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)
Hogan Lovells (Amsterdam)
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 (...)

The Amsterdam Court of Appeal refuses to order the Municipality to suspend an investment which was liable to constitute a State aid, although the Commission has started an Art. 88.2 EC procedure (UPC/Gemeente Amsterdam)
European Commission - DG HR
,
European Court of Justice (Luxembourg)
Court of Appeal of Amsterdam (Gerechtshof Amsterdam), 18 January 2007, UPC Nederland B.V. v Gemeente Amsterdam (Municipality of Amsterdam), Decision n° AZ6508, Case 1252/06 KG UPC is an undertaking which provides telecommunications services, such as television, telephony and broadband (...)

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)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual Background SA Damart is an undertaking which sells advertising spaces inside free newspapers. The claimant requested the recovery of a tax imposed on certain commercial expenses as set by Article 302 bis of the Tax code. The Minister of Economy and Finances lodged an appeal before the (...)

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)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual Background The Minister of Economy and Finance seeks the annulment of the judgment of the administrative tribunal of Caen allowing the request of wholesalers claiming restitution for a tax paid on expenses for advertisement. The tax is set by Article 302 bis MA of the general code on (...)

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)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual Background Atac is an undertaking selling advertising spaces inside free newspapers. The claimant requested the recovery of a tax imposed on certain commercial expenses as set out by Article 302 bis of the Tax code. At first instance, the administrative tribunal of Lille held that the (...)

The French Administrative Supreme Court holds that aids to the daily press financed by a tax levied on advertising expenses affects trade between Member States and consequently amount to State aid (Auchan)
Kramer Levin Naftalis & Frankel (Paris)
,
Eversheds Sutherland (Paris)
,
Eversheds Sutherland (Paris)
French Administrative Supreme Court (Conseil d’État, 8ème et 3ème sous-sections réunies), 21 December 2006, SA Auchan France, n°288562 Background and facts Article 23 of Law n° 97-1269 of 30 December 1997 () introduced a tax levied on certain advertising expenses (the Tax). The revenue of the Tax is (...)

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)
Freshfields Bruckhaus Deringer (Tokyo)
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 Court of Justice issues a judgment constituting a major step forward for State aid recovery policy (Scott Paper/Kimberly Clar)
European Commission - DG COMP
,
European Commission - DG COMP (Brussels)
"ECJ Judgement of 5 October 2006 Commission v. France: A major step forward for the recovery policy"* On 5 October 2006, the Court of Justice issued an important judgement for the State aid recovery policy. The article below summarises the facts that gave rise to the case before the Court and (...)

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)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual Background The claimants seek the annulment of judgments by the administrative tribunal of Nice rejecting their claim for a refund of the tax on meat purchase, instituted by Article 302 ZD of the general tax code. The tax was initially designed to finance the public service of (...)

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)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual Background The appellant sought the restitution of a tax for the support of the trade and craft industry ("TACA") paid between 2003 and 2005. Toys’R’US brought a claim before the tribunal for social security of Evry, which dismissed the demand. The TACA is a progressive tax borne (...)

The European Court of Justice rules that pharmaceutical laboratories liable to a tax on direct sales of medicines are entitled to claim the reimbursement of the tax where the exemption of wholesale distributors constitute an illegal State aid (Boiron)
Kramer Levin Naftalis & Frankel (Paris)
,
Eversheds Sutherland (Paris)
Opinion of Advocate General Antonio Tizzano, 30 March 2006, Case C-526/04, Laboratoires Boiron SA v. Agence centrale des organismes de sécurité sociale (ACOSS) ECJ, 7 September 2006, Laboratoires Boiron, Case C-526/04. In a preliminary ruling requested by the French Civil Supreme Court in the (...)

The Greek Supreme Court rules that a provision of national law, limiting the compensation due to those employed in the public sector upon retirement to a certain level, does not constitute aid within the meaning of Art. 87.1 EC ("Olympic Airway employee")
International Transport Forum
Factual background The applicant was employed by the Greek national flag carrier from 1968 to 1999, when he retired. Upon retirement, he was paid 12 million drachmas, pursuant to Mandatory Law 173/1967. In 2000, he brought an action before the court of first instance of Athens, asking for the (...)

The Dutch Court of Appeal finds that failure to notify a State aid measure with the European Commission does not constitute a tortious act of the beneficiary of such aid (Baby Dan)
Hogan Lovells (Amsterdam)
Factual Background Baby Dan A/S (Baby Dan) develops, produces and sells safety equipment for children from the age of 0-5 years. One of the products produced by Baby Dan is a safety stair gate under the name ’Danamic’. Baby Dan’s competitors, De Risse and WeDeKa, produce a similar stair gate (...)

The Amsterdam Court of Appeal refuses to recognise the tortious liability of recipients of State aids that have not been notified to the EC Commission in accordance with Art. 88.3 EC (Baby Dan)
European Commission - DG HR
,
European Court of Justice (Luxembourg)
Court of Appeal of Amsterdam (Gerechtshof Amsterdam), 29 June 2006, Baby Dan A/S v. De Risse, WeDeKa, Bruca Producten B.V. and De Sluis Groep N.V. , Case 829/05 (LJN: AZ1425) Baby Dan is a company which produces security devices for babies, such as stair gates, i.e. gates impeding babies’ (...)

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 (...)

A French Court of Appeal 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)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual Background The appellants are exploiting several retail premises and were therefore subject to the tax on the support of the trade and craft industry ("TACA"). The TACA is a progressive tax borne directly by retail stores in France which have a sales area exceeding 400 m2 and an annual (...)

The Court of Arbitration of Antwerp rules that taxation of insurance contracts is not contrary to Art. 87 EC (NV A.A.)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual Background For several years, NV A.A. offered its clients a hospital admission insurance policy. This insurance which complementary to the mandatory insurance provided by health insurance funds. In 1999, NV A.A. paid the sum of € 705,883.73 in tax regarding these insurance contracts for (...)

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)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual background The tribunal of Gand refered a question for preliminary ruling to the Arbitration court relating to the validity of a provision of the Belgian fiscal code granting a housing tax exemption for property. Belgacom contested the payment of the taxes after it lost the benefit of (...)

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)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual background CELF is a cooperative society in public limited company form and carries on the activity of export agent. Its aims are to process directly orders for abroad and the French overseas territories and departments for books, brochures and any communication media and, more (...)

The Italian Supreme Court holds that a cooperative societies’ tax break should be qualified as a State aid because it involves a lower tax income into the public budget and refers the case to the ECJ for a preliminary ruling (Maricoltori Alto Adriatico)
EUJUS Law Firm (Rome)
Factual background Under Italian tax rules, cooperative societies benefit from significant tax exemptions. After an inspection of the Italian tax policy, the local tax office of Monfalcone decided that Mr. F.M.’s individual income tax return, for the years 1984, 1985 and 1986, was inaccurate. (...)

The Spanish Supreme Court annuls an aid scheme to shipbuilding in Galicia which had not been notified to the European Commission (Government of Galicia)
Hogan Lovells (Madrid)
,
Allianz (Brussels)
Factual Background: Appeal by the Central Administration against the regional Decree of Galicia 217/1994 on aids for the shipbuilding sector ("Decree 217/1994"), on the grounds that it represented a State aid scheme that had not been notified to the European Commission before being passed. The (...)

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)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual Background A Law of 12 April 1996 gives the State the ability to conclude framework agreements with professional branches in the textile, clothing, leather and shoe sector in order to maintain or develop employment in these sectors ("Borotra plan"). The agreements enable the (...)

The Lithuanian Supreme Administrative Court rules that the local tax administrator adopted a legitimate decision in refusing to grant an exemption to the payment of delay charges without referring to State aid rules (Tieskelis)
Raidla Lejins & Norcous
,
Valiunas Ellex (Vilnius)
Factual background In 2001, in the light of the economic situation, the Lithuanian Parliament approved legislation allowing the grant of State aid to undertakings that had entered into tax loan agreements by releasing them from payment of delay charges. The undertaking Tieskelis AB applied to (...)

The European Court of Justice dismisses the Commission’s appeal and confirms the Court of First Instance ruling concerning Germany’s restructuring aid for shipyards (Kvaerner Warnow Werft)
European Commission - DG ENER
"Capacity limitations for shipyards in the context of the Court of Justice’ judgement on Kvaerner Warnow Werft (KWW)"* Introduction On 28 February 2002, the Court of First Instance annulled two Commission decisions concerning the East German shipyard Kvaerner Warnow Werft (KWW), which ruled (...)

The Paris Court of Appeal holds CDR liable in damages for its lack of diligence during Commission proceedings (CDR v. FG Marine-Stardust)
Sheppard Mullin (Brussels)
,
Maersk (Copenhagen)
Brief description of the facts and legal issues In June 1997, CDR sold its majority holding in Stardust Marine ("Stardust") to FG Marine. In September 1999, the Commission considered that the State aid granted to Stardust was incompatible with the Common Market and ordered reimbursement of the (...)

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)
European Commission - DG COMP
,
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 EU Court of First Instance issues its judgment in a case concerning transfer of capital to a German public law credit institution clarifying major policy issues concerning State aid rules (WestLB)
European Commission - DG COMP
,
European Commission - DG ENER
"The judgement of the Court of First Instance concerning the transfer of capital to Westdeutsche Landesbank Girozentrale (WestLB)"* On 6 March 2003 the Court of First Instance (CFI) issued the long-awaited judgement in the WestLB case concerning the transfer of the Wohnungsbauförderungsanstalt (...)

The European Court of Justice clarifies the interpretation of the private investor principle in cases involving privatisations at a negative sales price (Gröditzer Stahlwerke)
European Commission - DG COMP
"The market investor principle in privatisations – European Court of Justice upholds the Commission’s decision on Gröditzer Stahlwerke GmbH"* Introduction On 28 January 2003, the European Court of Justice (‘the Court’ or ‘the ECJ’) upheld (‘the judgement’) the Commission’s partially negative decision (...)

The European Court of Justice upholds the Commission’s decision concerning State aid implemented by the Netherlands for Dutch service stations located near the German border and clarifies the interpretation of the de minimis rule
European Commission - DG COMP
"Clarification on the interpretation of the de minimis rule in State aid — the European Court of Justice upholds the Commission’s Dutch service station decision"* Introduction On 13 June 2002, the European Court of Justice (‘the Court’ or ‘the ECJ’) upheld (‘the Judgment’) the Commission’s (...)

The EU Court of First Instance rules that fiscal aid granted by Spanish region to a company active in the manufacturing of tin capsules, constitutes illegal State aid (Diputación Foral de Alava v. Commission)
European Parliament (Brussels)
,
London School of Economics
"Business taxation distorting the Common market – An important ruling on State aid by the Court of First Instance"* 1. Introduction The question of state aids in form of tax measures has never been as pressing as in the present. After the completion of the single market and the liberalisation (...)

The French Commercial Supreme Court rules that courts must check whether the contested State aid scheme has been notified to the EC Commission or not, notwithstanding a Commission’s note classifying the aid as an existing one (Établissements Friedrich /ANIVIT)
Université Aix-Marseille
French Commercial Supreme Court (Cour de cassation, Chambre commerciale), 26 January 1999, Société des Établissements Friedrich vs. Association nationale interprofessionnelle des vins de table (ANIVIT), Case n° 97-11225, Bull. civ., IV, n° 22, p. 18., Decision n° 289 P Court of appeal, Caen, (Cour (...)

The European Court of Justice rejects the appeal of the Commission in a State aid case granted in favor of a subsidiary of the French postal services incumbent (Sytraval)
European Commission - DG COMP
"Comment on the Judgment of the Court of 2 April 1998, Case C-367/95 P: Commission of the European Communities and French Republic v Chambre syndicale nationale des entreprises de transport de fonds et valeurs (Sytraval) and Brink’s France SARL"* 1. The Background With judgment of 28 September (...)

The EU Court of First Instance annuls the Commission decision rejecting a complaint concerning an alleged State aid in favor of a subsidiary of the French postal services incumbent (Sytraval)
European Commission - DG COMP
,
European Commission - DG COMP
"SYTRAVAL"* In its judgment of 28 September 1995 in case T-95/94 «SYTRAVAL« v. Commission the Court of First Instance (CFI) annulled the Commission’s decision of 31 December 1993 rejecting a complaint in respect of alleged state aid in favour of «Sécuripost«, a subsidairy of the state-owned French (...)

The EU Court of First Instance upholds the Commission’s decision to make its authorization of a new aid package subject to a suspension of the payment of that aid until the incompatible aid had been recovered (TWD Textilwerke Deggendorf)
European Commission - DG COMP
,
European Commission - DG COMP
"TWD Textilwerke Deggendorf GmbH"* In May 1986 the Commission adopted a negative decision in respect of non-notified aid granted by the German authorities to the company TWD Textilwerke Deggendorf and imposed on the German authorities to recover the aid already paid to the company. In October (...)

The EU Court of First Instance confirms the Commission’s decision declaring illegal an aid granted by Spain to a textile company (General Textil España - ex Intelhorce)
European Commission - DG COMP
"General Textil España S.A. (GTE)- ex Intelhorce S.A."* In 1992 the Commission took a negative Decision concerning aid to Intelhorce S.A. (currently General Textil España S.A.- GTE), a textile company located in Málaga (Spain - Commission Decision 92/321/EEC, OJ 1992 L 176/57). The company had (...)

The French judiciary and administrative supreme Courts both consider that a copyright levy is not a State aid (Techni Import Professionnel - Syndicat des Industriels des Matériels Audiovisuels Electroniques)
Schmitt Avocats
French Civil Supreme Court (Cour de Cassation), 4 January 1994, Société Techni Import Professionnel (TIP), Case n° 91-12279 French Administrative Supreme Court (Conseil d’Etat), 19 March 1997, Syndicat des Industriels des Matériels Audiovisuels Electroniques et autres, Case n° 81627 Since its (...)

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