Public Funding of Infrastructure without State Aid*Introduction Public funding of infrastructure does not constitute State aid if access to the infrastructure is free for all users on non-discriminatory terms. If, by contrast, access to the infrastructure is restricted or it is designed for the needs of particular users, then public funding is likely to constitute State aid. But like with all simple rules, there are exceptions. Sometimes it is not easy to distinguish between general use and “bespoke” use. And, sometimes access is not free but public funding does not confer an advantage if it satisfies the “market economy operator” principle. The first case which is reviewed in this article concerns infrastructure which could have been designed for specific needs. The second case
The EU Commission decides that the scheme used for the construction of a sustainable irrigation system does not constitute State aid (Bavaria)
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