The EU Court of Justice rules on the temporal scope of secondary instruments applied to assess the compatibility of a State aid (Jørgen Andersen)

Case C-303/13 P European Commission v Jørgen Andersen* In this post I will analyse a particular aspect of State aid law: the temporal scope of secondary instruments applied to assess the aid’s compatibility. The case at hand deals in particular with Regulation (EEC) 1191/69, which originally came into force on 1 July 1969, and Regulation (EC) 1370/2007, which repealed the former instrument and came into force on 3 December 2009. The dispute began in February 2010, when the Commission issued a decision addressed to the Kingdom of Denmark, declaring that the public transport service contracts granted to Danske Statsbaner SV (DSB) constituted (non-notified) State aid under Article 107(1) TFEU, but that such aid was compatible with the internal market on the basis of Regulation (EC)

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Andrea Rigamonti, The EU Court of Justice rules on the temporal scope of secondary instruments applied to assess the compatibility of a State aid (Jørgen Andersen), 6 October 2015, e-Competitions SGEI and competition law, Art. N° 76948

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