The EU General Court provides additional guidance on the scope of the presumption of advantage granted by State guarantees (IFPEN)

On 5 October 2020, the General Court delivered another important judgment in the so-called EPIC saga – where “EPIC” is a French acronym standing for “Établissement Public à caractère Industriel et Commercial” (“Publicly owned industrial and commercial establishment”). The EPICs came under the Commission’s scrutiny because of the implied and unlimited State guarantee that is conferred by their status. In particular, as legal entities governed by public law, French law provides that EPICs are not subject to the ordinary law applicable to insolvency procedures. The Commission has already assessed the State guarantee conferred by EPIC status in its La Poste decision of 2010 (OJ 2010 L 274, p. 1). In this context, it found that this guarantee constitutes State aid for the purposes of Article 107(1)

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Authors

  • Van Bael & Bellis (Brussels)
  • Van Bael & Bellis (Brussels)

Quotation

Francesco Pili, Markus Wellinger, The EU General Court provides additional guidance on the scope of the presumption of advantage granted by State guarantees (IFPEN), 5 October 2020, e-Competitions October 2020, Art. N° 97804

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