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)

UPC is an undertaking which provides telecommunications services, such as television, telephony and broadband services, within the Netherlands. For several years, UPC has exploited the Municipality of Amsterdam's cable network. In 2004, the Municipality of Amsterdam decided to build in certain areas of the city a “fibre-to-the-home” network made of optical fibres, i. e. the “Citynet”. For that purpose, the GNA Company was established. The Municipality of Amsterdam contributed to the capital of that company to the extent of one third, five housing corporations to the extent of another third and ING Real Estate and Reggefiber to the extent of a last third. By letter of 10 may 2005, the Municipality of Amsterdam asked the Commission to confirm that its investment in the Citynet project did

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Authors

  • European Commission - DG HR (Brussels)
  • European Court of Justice (Luxembourg)

Quotation

Tristan Baumé, Sally Janssen, 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), 18 January 2007, e-Competitions January 2007, Art. N° 13244

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