The EU General Court refuses to find the Altmark criteria fulfilled and reminds that Member States have discretion to define what they consider as an SGEI but only after having identified market gaps (Zweckverband)

* Article published on Lexxion State Aid Blog (click here), republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no relationships with a party or related third party. Article will need e-Competitions Board approval before publication.

Not Surprisingly, Another Member State Fails to Prove Compliance with the Altmark Criteria* Main points Maintaining capacity that is necessary for the provision of normal services cannot be classified as a service of general economic interest. State aid may not be granted towards the costs of cleaning up pollution caused by the aid recipient itself. State aid to a legal monopoly may still affect trade if there is competition for the monopoly rights or if the monopolist operates in other markets which are open to competition. Introduction Germany, in case T-295/12, Germany v Commission, petitioned the General Court to annul Commission Decision 2012/485, (OJ L236, 1/9/2012). The Decision concerned State aid that had been granted to Zweckverband Tierkörperbeseitigung in Rheinland-Pfalz

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Phedon Nicolaides, The EU General Court refuses to find the Altmark criteria fulfilled and reminds that Member States have discretion to define what they consider as an SGEI but only after having identified market gaps (Zweckverband), 16 July 2014, e-Competitions Bulletin July 2014, Art. N° 68880

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