European Commission (Brussels)

Alix Müller-Rappard

European Commission (Brussels)
Legal Officer

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.

Linked author

Delegation of the European Union to the United States (Washington D.C.)

Articles

44024 Bulletin

Alix Müller-Rappard, Rainer Wessely A German Regional Court rules that an EC Commission decision ordering recovery of an illegal aid measure must first be issued before a German court may deal with a request brought by a competitor (Ryanair 4)

1740

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 of (...)

Alix Müller-Rappard, Rainer Wessely The German Administrative Court rules that a service contract for the regional rail public transport is not subjected to State aid notification (Nordrhein-Westfalen)

2005

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 (...)

Alix Müller-Rappard, Rainer Wessely The German Federal Court of Justice holds that the authority granting State aid must advise the guarantor of the aid recipient when allocating non notified aid and that, if the granting authority has omitted to do so, the guarantor is entitled to oppose an action for damages against the recovery (Landes Brandenburg)

1701

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 by (...)

Alix Müller-Rappard The German Financial Court of Hamburg 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)

1481

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 (...)

Alix Müller-Rappard, Rainer Wessely A German Administrative Court decides that if an aid measure infringes, EU law cannot automatically be challenged for recovery, and then the infringement justifies the suspension of any further payment of that aid to the beneficiary (Betriebsstätte des Tourismusgewerbes)

1881

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 (...)

Alix Müller-Rappard The German Higher Regional Court of Schleswig-Holstein quashes a lower regional court’s decision and rejects an air carrier claims on the grounds of inadmissibility and on the merits (Ryanair 2)

1535

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 (...)

Alix Müller-Rappard, Rainer Wessely The German Administrative Court of Appeal for Baden-Württemberg rules that a tax payer who refuses to pay cannot base its claim upon an alleged infringement of EC State aid rules (Rundfunkgebühr 1)

1744

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 (...)

Alix Müller-Rappard The German Federal Court of Justice holds that the presence of State aid elements in the debtor’s capital does not prevent a creditor from challenging a national insolvency procedure (German insolvency procedure)

1342

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 (...)

Alix Müller-Rappard, Rainer Wessely The German Administrative Court of Appeal finds that the existence of ongoing proceedings led by the EC Commission prohibits access to documents covered by the freedom of information act (Pflegen und Wohnen Betriebs)

2062

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 (...)

Alix Müller-Rappard A German Regional Court holds that Art. 88.3 EC does not confer any specific protection to a competitor and does not entitle the latter to challenge the award of State aid and that the payment of so-called marketing support from an airport operator to an airline company does not constitute an unlawful act to the detriment of a competitor (Ryanair 3)

1674

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 (...)

Alix Müller-Rappard The German District Court of Kiel holds that the difference of terms between two airlines operator concerning the use of Lübeck airport amounts to unlawful State aid (Ryanair 1)

1429

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 for (...)

Alix Müller-Rappard, Rainer Wessely The German Higher Regional Court of Thuringia 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 rationale of Article 87(1) EC (Insolvency procedure 3)

1866

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 (...)

Alix Müller-Rappard, Jacques Derenne The French Supreme Court refers questions to the EU Court of Justice relating to social security exemptions for French laboratories (Laboratoires Boiron)

1497

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 (...)

Alix Müller-Rappard, Jacques Derenne The French Administrative Court of Clermont-Ferrand awards compensation for losses caused by nullity of contract resulting from authorities’ failure to consider State aid rules (Fontanille)

1212

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 an (...)

Alix Müller-Rappard, Jacques Derenne The Paris Court of Appeal holds a bank liable in damages for its lack of diligence during EU Commission proceedings (CDR / FG Marine-Stardust)

1538

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 (...)

Alix Müller-Rappard, Jacques Derenne The French Administrative Court rejects claim for damages for failure to prove the alternative course of action that would have been adopted in the absence of State aid (Kélian)

1217

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 an (...)

Alix Müller-Rappard, Jacques Derenne The French Administrative Court of Lille rules that tax payers are entitled to refuse payment of taxes under carcass disposal scheme due to failure to notify scheme to EU Commission as required by State aid provisions (Lianoudis)

1786

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 considered (...)

Alix Müller-Rappard, Jacques Derenne The French Administrative Court of Orléans denies State aid qualification to carcass disposal scheme on grounds of service of general economic interest - confirming other lower Courts’ rulings (Sobledis)

1683

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 (...)

Alix Müller-Rappard, Jacques Derenne The French Council of State ignores State aid based claim and rules that the legality of administrative notices cannot be contested by individuals (Confédération française de la boucherie)

1664

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 (...)

Alix Müller-Rappard, Jacques Derenne The French Administrative Court of Dijon denies State aid qualification to carcass disposal service tax on the basis of Art. 86.2 EC (Nevers Viandes)

1611

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 First, the (...)

Alix Müller-Rappard, Jacques Derenne The Social Security Court makes preliminary reference on the application of Article 87 EC to a tax advantage to medical undertakings performing a public service (Ferring)

1238

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 (...)

Alix Müller-Rappard, Jacques Derenne The French Administrative Court of Caen confirms a lower court’s ruling denying State aid qualification to measures concerning carcass disposal service case (Uniservice and Honfleur Distribution)

1877

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 Court (...)

Alix Müller-Rappard, Jacques Derenne The French Administrative Court of Melun rejects a claim that tax on carcass disposal service constitutes unlawful State aid (Picard Surgelés)

1683

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 of (...)

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