The EU General Court annuls a Commission State aid decision, rejecting the accuracy of the calculations concerning the rate of interest that a hypothetical private investor would have paid in a similar situation (Poste Italiane)

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] The Principle of “Private Borrower” and Advantage: T-525/08, Poste Italiane v European Commission [3] This is one of the few cases,

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Phedon Nicolaides, The EU General Court annuls a Commission State aid decision, rejecting the accuracy of the calculations concerning the rate of interest that a hypothetical private investor would have paid in a similar situation (Poste Italiane), 13 September 2013, e-Competitions September 2013, Art. N° 58366

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