A Dutch Court of Appeals annuls the Competition’s Authority decision on the application of competition rules in the sphere of State aid (Blovo)

Introduction In this case the Trade and Industry Appeals Tribunal of the Netherlands (Tribunal) made a principal judgement on the application of competition rules to behaviour that could be regarded as granting of State Aid. The Tribunal decided that qualification of behaviour as granting of State Aid is irrelevant for the question of whether the prohibitions under Article 81 EC and Article 82 EC (in this case the equivalent provisions of the Dutch Competition Act (DCA)) are applicable. Background Blovo is a tennis club operator based in the vicinity of the municipality of Castricum. The grounds of its two tennis clubs were bought from the municipality at market prices. Two other tennis clubs located in the Castricum area were granted the use of

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Dennis Van Berkel, A Dutch Court of Appeals annuls the Competition’s Authority decision on the application of competition rules in the sphere of State aid (Blovo), 15 January 2008, e-Competitions January 2008, Art. N° 21868

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