The EU General Court rules that an exemption from a fine does not amount to State aid when the relevant legislation defines the circumstances for the exemption according to transparent and pre-determined criteria (Dansk Erhverv)

When Do Legal Exemptions Constitute State Aid?* Introduction An exemption from legal requirements that confers a selective advantage does not necessarily amount to State aid. In most cases, when beneficiaries are found not to receive State aid it is simply because the exemption does not cause a loss of state resources. What happens in the case of an exemption from fines or penalties provided in law? Normally, there is automatically a loss of state resources. But the General Court ruled on 9 June 2021, in case T‑47/19, Dansk Erhverv v European Commission, that an exemption from a fine did not amount to State aid when the relevant legislation defined the circumstances for the exemption according to transparent and pre-determined criteria. [1] Dansk Erhverv [DE], a Danish trade

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Phedon Nicolaides, The EU General Court rules that an exemption from a fine does not amount to State aid when the relevant legislation defines the circumstances for the exemption according to transparent and pre-determined criteria (Dansk Erhverv), 9 June 2021, e-Competitions June 2021, Art. N° 103336

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