The EU Court of Justice finds that a Member State can only successfully claim under the private investor principle if it can demonstrate that its decision to invest is based on a prior economic assessment of the profitability of the investment (SACE / SACE BT)

Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no relationships with a party or related third party. Article will need e-Competitions Board approval before publication.

Imputability of an Aid Measure to the State Does not Require a Counterfactual* The fact that the state owns an undertaking is not enough to prove that the decisions of that undertaking can be attributed to the state. However, it is sufficient that the state was involved in the particular decision that transferred state resources for the benefit of another undertaking. Introduction Several recent articles on this blog have examined the concept of transfer of state resources in the meaning of Article 107(1) TFEU. The resources that fall with the scope of Article 107(1) are those which can be controlled by the state and whose transfer is actually decided by the state. In other words, it is not enough that in principle certain resources come under the control of the state. It is also

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Phedon Nicolaides, The EU Court of Justice finds that a Member State can only successfully claim under the private investor principle if it can demonstrate that its decision to invest is based on a prior economic assessment of the profitability of the investment (SACE / SACE BT), 23 November 2017, e-Competitions Insurance, Art. N° 89860

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