The Dutch Court of Appeals for Amsterdam rules the total annulment of a public loan guarantee would not breach the legal principles of fairness and reasonableness when trying to restore the competitive landscape (Commerz)

For the facts of the case, please refer to the case summary of the judgment from the Supreme Court of the Netherlands, 27 May 2016 (Commerz v Rotterdam Port Authority) ECLI:NL:HR:2016:994. Taking into account the preceding judgments of the Supreme Court of the Netherlands and the Court of Justice, the Court of Appeal of Amsterdam concluded that the second guarantee of 4 June 2004 (granted by the sole director of the Port Authority of Rotterdam (HbR) in favour of Commerzbank Nederland (Commerz) for the loan to RDM Vehicles) was imputable to the Municipality of Rotterdam, and thus to the State. That guarantee consequently satisfied all conditions to constitute State aid within

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

  • Freshfields Bruckhaus Deringer (Amsterdam)
  • Freshfields Bruckhaus Deringer (Amsterdam)
  • Freshfields Bruckhaus Deringer (Amsterdam)

Quotation

Onno Brouwer, Alvaro Pliego Selie, Tim van Helfteren, The Dutch Court of Appeals for Amsterdam rules the total annulment of a public loan guarantee would not breach the legal principles of fairness and reasonableness when trying to restore the competitive landscape (Commerz), 9 July 2019, e-Competitions July 2019, Art. N° 107308

Visites 25

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues