European Commission - DG COMP (Brussels)

Christophe Giolito

European Commission - DG COMP (Brussels)
Legal Service

Member of the EU Commission’s Legal Service (competition and mergers team). Former legal secretary (référendaire) at the EU Court of Justice. Former member of the Paris Bar (Barreau des Hauts de Seine). Former EU Fellow at the European University Institute (Florence, Italy), LLM in EU law, College of Europe (Bruges, Belgium) and LLM in French private law, University of Paris-Nord.

Linked authors

European Commission - DG CNECT (Brussels)
European Commission
European Commission - DG HR (Brussels)
European Commission - DG COMP (Brussels)
DG EMPL (Brussels)


110666 Review

Christophe Giolito Selectivity - Indirect beneficiary: The CFI recalls that the indirect beneficiary of an aid can be bound to reimburse it following a negative Commission decision (Fineco Asset Management)


CFI, 4 March 2009, Italian Republic v Commission, Case T-424/05 The measure in question was introduced by Article 12 of Italian Decree-Law (Decreto Legge) No 269 of 30 September 2003. This Article provides, inter alia, that capital income received by specialised investment vehicles is subject (...)

Christophe Giolito Repayment: The CFI rules on the obligation for the recipient undertaking first to repay earlier aid declared unlawful under the Deggendorf case law (Iride - Iride Energia)


CFI, 11.2.09, Iride SpA and Iride Energia SpA v. Commission, Case T-25/07 The applicants, Iride SpA and Iride Energia SpA, are, respectively, the holding company of the Iride group and its subsidiary operating in the electrical and thermal energy sector. That group resulted from the merger, (...)

Christophe Giolito Application in time: The ECJ confirms its previous case law on the possibility to apply rules adopted after the notification of a State aid scheme but before the adoption of the final decision and consequently annuls the CFI judgment (Freistaat Sachsen)


ECJ, 11 December 2008, Commission v Freistaat Sachsen, Case C-334/07P. Following an appeal brought by the Commission, the Court of Justice sets aside thejudgment of the CFI of 3 May 2007 in Freistaat Sachsen v Commission (T-357/02). By that judgment, the Court of First Instance partially (...)

Christophe Giolito Recovery: The ECJ annuls the CFI’s ruling annuling a decision in its entirety whereas only the interest were at case but not the amount of the aid (Département du Loiret - Scott)


ECJ, 11 December 2008, Commission v Département du Loiret and Scott SA, Case C-295/07P. Following an appeal brought by the Commission, the Court of Justice sets aside thejudgment of the Court of First Instance of 29 March 2007 in Case T-37/07 Département du Loiret v Commission (T 369/00, ECR p. (...)

Christophe Giolito, Jacques Derenne Global financial crisis: The European Commission releases a communication on the application of State aid rules to measures taken in relation to banks and financial institutions in crisis (Current global financial crisis)


EC Comm, 13 October 2008, Communication on The application of State aid rules to measures taken in relation to financial institutions in the context of the current global financial crisis, (2008/C 270/02) By adopting these guidelines, the Commission has honoured, in a very short period of (...)

Christophe Giolito General block exemption: The European Commission publishes a general block exemption permitting certain categories of State aid aiming at the "Lisbon" objectives like employment and growth are automatically considered compatible with the Common market (Art. 87 - 88 EC)


Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General block exemption Regulation) The European Commission adopted a Regulation on 7 July 2008, which entered into (...)

Christophe Giolito Public broadcasters : The CFI rules that the Commission did not provide sufficient proof to substantiate some of its conclusions and has breached its obligation to carry out a diligent and impartial investigation (Sociedade Independente de Comunicação)


CFI, 26 June 2008, Sociedade Independente de Comunicação, SA (SIC) v. Commission, Case T-442/03 Radiotelevisão Portuguesa (RTP) is the public company in charge of the public service of Portuguese television. Sociedade Independente de Comunicação (SIC) is a commercial company which operates one of (...)

Christophe Giolito Recovery obligation: The ECJ confirms that a Member State, which has not challenged a negative decision, may not raise the illegality of this decision as a plea of defence in an action for failure to fulfil its obligations lodged by the Commission on the grounds of the lack of enforcement of the decision (Salzgitter AG)


ECJ, 22 April 2008, Commission v. Salzgitter AG and Federal Republic of Germany, case C-408/04 P By its appeal, which falls within the framework of the former rules under the ECSC Treaty applicable until July 2002, the European Commission sought the annulment of the judgment of the Court of (...)

Christophe Giolito Failure to notify in advance: The CFI declares void for the third time the European Commission’s decision in the SIDE case (SIDE/Commission)


CFI, 15 April 2008, SIDE v Commission, Case T-348/04 This is the third judgment annulling the Commission’s decision on aid paid since 1980 by France to the Coopérative d’exportation du livre français acting under the trade name ’Centre d’exportation du livre français’ (CELF). Its activity is aimed (...)

Christophe Giolito EU-Switzerland: The European Commission considers State aid on certain tax regimes for companies established in Switzerland as incompatible with the proper functioning of the 1972 Agreement


EC Comm, 13 February 2007, doc. C(2007) 411 final, on the incompatibility of certain Swiss company tax regimes with the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 Following complaints from Member States, Members of the European Parliament and (...)

Christophe Giolito Duty to state reasons: The CFI rules on the European Commission’s decision stating that some measures in favour of agricultural cooperatives do not constitute State aid (Empresarios de Estaciones de Servicio)


CFI, 12 December 2006, Asociación de Empresarios de Estaciones de Servicio de la Comunidad Autónoma de Madrid v. Commission, Case T-146/03 On the substance, the Court of First Instance reminds the Commission of its obligations under Article 253 EC to state the reasons for its State aid (...)

Christophe Giolito Regional Aid: The European Commission adopts its first block exemption regulation for regional investment aid which promotes the economic development of disadvantaged regions


EC Comm, Regulation (EC) No 1628/2006 of 24 October 2006 on the application of Articles 87 and 88 of the Treaty to national regional investment aid Thanks to the new block exemption Regulation, Member States will no longer be obliged to notify certain regional investment aid schemes to the (...)

Christophe Giolito Telecommunications infrastructures: The European Commission declares for the first time a subsidy for a broadband network incompatible with the State aid rules (City of Appingedam)


EC Comm, dec. 2007/175/EC, 19 July 2006, broadband infrastructure in Appingedam (Netherlands), case C 35/2005, OJ 2007, L86/1 The European Commission has decided to prohibit public funding for the planned construction of a fibre access network in the Dutch city of Appingedam. This project (...)


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