The EU Court of Justice determines whether a company indirectly benefitted from incompatible State aid granted to another chemical company (Fortischem)

Economic Continuity and Recovery of Indirect State Aid* Introduction Recipients of State aid that is found to be incompatible with the internal market have to pay it back with interest. This liability for repayment also extend to anyone else who benefits from the aid indirectly. It is relatively easy to identify the direct recipients. It is considerably harder to establish indirect beneficiaries when ownership of the direct recipient is transferred to a third person or assets of the direct recipient are sold to another company. When ownership is transferred, there are two important elements that need to be considered: whether the transfer is effected at a market price and whether there is economic continuity between the direct aid recipient and the new owner. On 29 April 2021, in

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Phedon Nicolaides, The EU Court of Justice determines whether a company indirectly benefitted from incompatible State aid granted to another chemical company (Fortischem), 29 April 2021, e-Competitions April 2021, Art. N° 101064

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