The EU Commission issues several State aid decisions finding no evidence of impact on cross-border trade

No affectation of trade* Introduction In April 2015, the Commission surprised us with seven decisions that concluded that planned State aid was not likely to have any effect on trade between Member States. Those decisions were reviewed here on 15 June 2015. [1] The Commission gave prominence to those seven cases in its Notice on the Notion of State Aid, which was also reviewed here in three parts on 23 August, 30 August and 6 September. [2] Obviously, the Commission was signalling a change in its strict approach to determining whether State aid affects trade between Member States. The new approach is both more pragmatic and more sound. However, the Commission may not deviate from the case law of EU courts which routinely rule that there is no limit below which trade is not

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Phedon Nicolaides, The EU Commission issues several State aid decisions finding no evidence of impact on cross-border trade, 6 September 2016, e-Competitions Bulletin September 2016, Art. N° 82312

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