The judgments of the General Court of the EU of 6 July 2017, delivered in the cases France v Commission [1] and Société nationale maritime Corse Méditerranée (SNCM) v Commission européenne [2], confirm the settled case-law of the Union judicature regarding the criterion of the private investor in a market economy [3]. The ratio decidendi of these judgments is of practical interest in that they put an end to a series of cases that span over more than a decade (from 2003 to 2017) and which are a good illustration of the difficulties in the enforcement of the decisions of the European Commission (the Commission), as well as the rulings of the Union judicature. Even though similar situations may exist in national administrative law, considerable legal complications could result from State
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The EU General Court clarifies the obligations of the Commission following a State aid annulment decision (SNCM)
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