The EU General Court clarifies the nature of SGEI and affirms that it is necessary to identify the presence of market failures justifying the grant of compensation (Colt Télécommunications France)

Article published on Lexxion State Aid Blog.

New Case Law on Incentive Effect, “Private Borrower”, Advantage, Compensation, SGEI and Market Failure* Introduction The posting reviews three recent rulings of the General Court [1]. They are significant because they introduce substantial nuances in the case law concerning the concepts of incentive effect, compensation for structural impediment, the designation of an activity as a service of general economic interest (SGEI) and the connection between market failure and SGEI. On the whole, the Court has provided useful clarification. However, I will also argue that on at least a couple of issues the Court may have also inadvertently raised ambiguity. [2] A Rare Case of Successful Compliance with the Altmark Criteria: T-79/10, Colt Telecom v European Commission [3] In September 2009,

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

Author

Quotation

Phedon Nicolaides, The EU General Court clarifies the nature of SGEI and affirms that it is necessary to identify the presence of market failures justifying the grant of compensation (Colt Télécommunications France), 16 September 2013, e-Competitions Bulletin September 2013, Art. N° 58367

Visites 332

All issues

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