The EU General Court upholds the decision of the Commission stating that compensatory payments can be State aid even if partially funded by private funds and specifies that recovery may exclude payments that satisfy the conditions of the relevant de minimis regulation (Greece)

Compensatory Payments Can be State Aid* Main points Article 107(1) also applies to payments that offset the damage caused by natural disasters. It is irrelevant that the compensation is partial or that competitors did not suffer similar damage. A measure can be State aid even if it is partially or wholly funded by private resources. It is sufficient that the resources come under state control. A measure is selective if it makes a distinction between undertakings in a given Member State, not between Member States. State aid measures cannot in principle be approved retroactively. Recovery of incompatible aid may exclude payments that satisfy the conditions of the relevant de minimis regulation. Introduction On 16 July 2014, the General Court rendered its judgment in case T-52/12,

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Phedon Nicolaides, The EU General Court upholds the decision of the Commission stating that compensatory payments can be State aid even if partially funded by private funds and specifies that recovery may exclude payments that satisfy the conditions of the relevant de minimis regulation (Greece), 16 July 2014, e-Competitions Effect on interstate trade, Art. N° 68855

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