Alix Müller-Rappard is Legal Officer at the European Commission, DG HOME, in the unit in charge of developing, and monitoring the implementation of the Common European Asylum System. Previously, she was Counsel in Lovells’ Competition and EU Law practice since 2001. She advises on all aspects of EU law, in particular competition law (Article 81 EC, 82 EC and mergers). She has specialised in State aid issues, advising beneficiaries, Member States or competitors in various sectors on legal issues relating inter alia to rescue and restructuring, privatisation, cross subsidies, PPP and national litigation in different Member States. Alix is a member of the Paris and Brussels Bars; she graduated in political science in Strasbourg and in law in London (L.LM. in European law) and Berlin (L.LM in German private law). She contributed to the Study published by the European Commission on the private enforcement of State aid rules at national level in 2006, and is currently working on updating the study for the Commission. She regularly speaks at conferences on State aid for the IBC, EIPA, AIJA, Lloyds Maritime Academy.
1774
Brief description of the facts and legal issues The Coblence Higher Regional Court of appeal rejects the appeal lodged by Lufthansa against LG Bad Kreuznach’s judgment and rules that the appeal lacks a legal basis. A Commission decision (be it provisional or definitive) ordering the recovery (...)
2041
Brief description of the facts and legal issues The Gelsenkirchen Administrative Court holds that a service contract for regional public rail transport is not subject to a notification requirement. A definitive Commission decision stating declaring that Article 87(1) EC has been infringed is (...)
1733
Factual background On 1 December 2000, the applicant granted D. GmbH a subsidy of over € 1 million for the development of business premises in the greater Berlin area. The general collateral clauses in the official letter granting the aid stated in which cases the aid might have to be repaid (...)
1513
Brief description of the facts and legal issues The Hamburg Financial Court holds it is seriously doubtful whether the duty for national courts under Community law to recover unlawful State aid shall supersede the national procedural laws on prescription (Mineralölsteuer 2) Parties: The (...)
1912
Brief description of the facts and legal issues The Potsdam Administrative Court holds that, if an aid measure that is found to formally infringe EC law cannot automatically be challenged for recovery, the infringement justifies the suspension of any further payment of that aid to the (...)
1574
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 (...)
1775
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 (...)
1358
Factual background The applicant is a liquidator in insolvency proceedings concerning L. GmbH (the debtor, later renamed C. GmbH). The defendant is a publicly-owned bank which focuses on encouraging investment in Thuringia. The debtor was a company manufacturing compact discs in Thuringia (...)
2105
Brief description of the facts and legal issues The Hamburg Administrative Court of Appeal holds that documents on ongoing proceedings do not fall within the scope of the Hamburg Freedom of Information Act setting the law on access to file. The existence of ongoing proceedings before the (...)
1718
Factual background The defendant manages the airport of Frankfurt-Hahn. Ryanair is the most important airline flying to and from Frankfurt-Hahn airport, using this airport as its European continental basis. The defendant is 65% owned by a publicly listed company; the Federal States Hesse and (...)
1458
Factual background The defendant managed the airport of Lübeck. Until 2005, it was publicly controlled by the city of Lübeck, which was under a contractual duty to fully compensate for the airport’s losses. After 2005 however, it was organised as a private company. The defendant’s tariffs (...)
1897
Brief description of the facts and legal issues The Thuringia Higher Regional Court judges that when dealing with the recovery of unlawful State aid, the provisions of the German laws on maintenance of capital and insolvency should be considered, so long as this does not contravene the (...)
1456
Brief description of the facts and legal issues The claimant and other parties brought an action for reimbursement of certain social security contributions for retiring craftsmen and traders, from ORGANIC which they had paid during the period from 2000 to 2002. The claimant requested the (...)
1569
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 (...)
1315
Brief description of the facts and legal issues A retail store filed an action for reimbursement of a tax, which it considered to constitute State aid, because the tax was only payable by big retail stores, whereas only small retail stores were eligible to receive the retirement benefits (...)
1253
Brief description of the facts and legal issues A law of 1996 enabled the French government to sign agreements with undertakings in the clothing, leather, shoe and textile sectors regarding a reduction in working time, in order to avoid redundancies. In return, the French government granted (...)
1235
Brief description of the facts and legal issues A French law of 1997 determined the ownership status of a high-voltage electricity network. As a result, the reserves previously built up by EDF (free of tax) over the period from 1987 to 1996 became superfluous. Some reserves were directly (...)
1562
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 (...)
1252
Brief description of the facts and legal issues A law of 1996 enabled the French government to sign agreements with undertakings in the clothing, leather, shoe and textile sectors regarding a reduction in working time, in order to avoid redundancies. In return, the French government granted (...)
1422
Brief description of the facts and legal issues In 1996, the French government set up a system for the free collection and disposal of animal carcasses and slaughterhouse waste for farmers and slaughterhouses. This system was financed by a tax payable by any person active in the retail sale (...)
1820
Brief description of the facts and legal issues The claimant contested the legality of the tax. Summary of the Court’s findings The Administrative Court of Lille stated that stockbreeders were the quasi-exclusive beneficiaries of the services financed by the tax. The Lille Court (...)
1706
Brief description of the facts and legal issues The claimant contested the legality of the tax, arguing, inter alia, that it was part of an unlawful State aid scheme. Summary of the Court’s findings The Administrative Court of Orléans stated that the scheme financed by this tax did not (...)
1689
Brief description of the facts and legal issues The Ministry of the Economy, Finance and Industry published an administrative notice ("instruction") merely mentioning the provisions of the law. The legality of this notice was challenged. Summary of the Court’s findings According to (...)
1647
Brief description of the facts and legal issues The claimant contested the legality of the tax in question, as well as that of another tax financing the processing of bones. It argued that these taxes were incompatible with Articles 90, 87 and 88 EC. Summary of the Court’s findings (...)
1259
Brief description of the facts and legal issues The Social Security Court of Créteil requested a preliminary ruling from the ECJ on a tax advantage enjoyed by undertakings entrusted with the operation of a public service, such as wholesale distributors supplying medicines to pharmacies. In a (...)
1947
Brief description of the facts and legal issues The claimant contested the legality of the tax, arguing inter alia that it was part of an unlawful State aid scheme. Summary of the Court’s findings The Caen Court stated that the scheme financed by this tax was not State aid. The Caen (...)
1263
Brief description of the facts and legal issues In 1990, the claimant, a building company, submitted a bid for an extension to the Marseille airport, for which an Italian company was finally selected. It sued the Italian company in the commercial courts for damages for unfair competition, (...)
1720
Brief description of the facts and legal issues In 1996, the French government set up a system for the free collection and disposal of animal carcasses and slaughterhouse waste for farmers and slaughterhouses. This system was financed by a tax payable by any person active in the retail sale (...)
