State aid and Service of General Economic Interest

State Aid

The EU General Court holds that a change in the method of funding public broadcasting does not constitute an alteration of an existing aid measure that would require notification to the Commission (Stichting Woonlinie / Stichting Woonpunt)
College of Europe (Bruges)
* 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 (...)

The EU Commission approves the compensation provided by the UK to the incumbent postal operator for the extra costs of the public services provided for the 2018 - 2021 period (Post Office Limited)
College of Europe (Bruges)
* 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 (...)

The EU Court of Justice annuls a Commission decision due to the lack of motivation in the assessment of the selectivity criteria in the determination of the compatibility of an aid (Comunidad Autónoma de Galicia and Retagal)
Van Bael & Bellis (Brussels)
* Article published on StateAidHub.eu Blog (click here), republished in e-Competitions with the courtesy of the author(s). 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 (...)

The EU Commission qualifies an airport as SGEI and rules that the related compensation is a compatible State aid (Inverness Airport)
Desogus Law Office (Cagliari)
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The EU General Court affirms a Commission decision that compensation for public services and a capital increase granted by Sardinia to a maritime company is aid incompatible with the internal market (Regione autonoma della Sardegna)
College of Europe (Bruges)
* Article published on StateAidHub (click here). 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 (...)

The EU Court of Justice considers the relationship between the Altmark judgment and Article 106(2) TFEU (Viasat Broadcasting)
College of Europe (Bruges)
* Article published on StateAidHub.eu Blog (click here), republished in e-Competitions with the courtesy of the author(s). 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 (...)

The EU Court of Justice concludes that the conditions laid down in the Altmark judgment are relevant for determining whether a measure constitutes state aid (Viasat Broadcasting)
Van Bael & Bellis (Brussels)
On 8 March 2017, the European Court of Justice (“ECJ”) handed down its judgement on appeal in case C-660/15 P, Viasat Broadcasting UK (“Viasat”) Ltd v European Commission. The case concerns aid granted to the Danish public broadcaster TV2/Danmark for the execution of public service obligations. In (...)

The EU General Court upholds a Commission decision that a French ferry company received incompatible aid which must be recovered, and clarifies the definition of a service of general economic interest (SNCM)
College of Europe (Bruges)
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The EU Court of Justice rules on the temporal scope of secondary instruments applied to assess the compatibility of a State aid (Jørgen Andersen)
Maastricht University
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 (...)

The EU Commission finds that Dutch subsidies for the acquisition of land for nature conservation are compatible State aid (Nature land)
College of Europe (Bruges)
* 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 (...)

The EU Commission finds a measure aimed at helping public hospitals not to constitute State aid because it did not affect the trade between member States (Hradec Králové Region)
College of Europe (Bruges)
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). 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 (...)

The EU General Court explains that the fact that undertakings are obliged by law to comply with certain tests does not justify the subsidisation of their costs with public funds (Belgium)
College of Europe (Bruges)
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The EU Commission rules that SGEI providers can be compensated in a way that induces them to become more efficient (UK Post Office)
College of Europe (Bruges)
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). 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 (...)

The EU General Court holds that compensation for structural disadvantages encumbering undertakings is still State aid except if it satisfies the Altmark criteria (France)
College of Europe (Bruges)
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). 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 (...)

The EU Commission explains that public funding does not have to satisfy the very strict Altmark criteria in order to be authorised if it complies with the relevant regulation or guidelines (Stretto airport)
College of Europe (Bruges)
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). 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 (...)

The EU General Court holds that environmental harm does not make State aid incompatible with the internal market (Castelnou Energía)
College of Europe (Bruges)
* 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 (...)

The EU Commission explains that a system which is predominantly based on solidarity does not become economic in nature when operators have a small degree of discretion to compete on quality and to make profit from efficient provision of services (Spoločná zdravotná poisťovňa)
College of Europe (Bruges)
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). 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 (...)

The EU Commission reminds Member States of mistakes they can avoid when they compensate operators on whom they impose public service obligations (Dublin Bus and Irish Bus)
College of Europe (Bruges)
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). 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 (...)

The EU Commission accepts a nuclear power station funding scheme after getting the State to renegociate the terms of the contract (Hinkley Point C)
University of Sussex (Brighton)
State Aid for Nuclear Power: No Thanks! Maybe? Yes Please!* The Commission’s decision on the Hinkley Point C nuclear power station of 8th October 2014 and what this might mean for the approach to nuclear energy... In 2014, the European Commission adopted new Guidelines on State aid for (...)

The EU Commission finds that some aid measures granted in support of a French airport are compatible, while others are not and must be recovered (Nîmes-Uzès-Le Vigan)
College of Europe (Bruges)
* 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 (...)

The EU General Court pushes for overcompliance with EU public procurement rules in the provision of public services (Zweckverband)
University of Bristol - Law School
The GC pushes for overcompliance with EU public procurement rules in the provision of public services (T-309/12)* In its Judgment in Zweckverband Tierkörperbeseitigung v Commission, T-309/12, EU:T:2014:676, the GC has assessed the compatibility with EU State aid rules of a system of financial (...)

The EU General Court refuses to find the Altmark criteria fulfilled and reminds that Member States have discretion to define what they consider as an SGEI but only after having identified market gaps (Zweckverband)
College of Europe (Bruges)
* Article published on Lexxion State Aid Blog (click here), 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 (...)

The EU Court of Justice decides in two cases on the compatibility with internal market principles of a tax partially funding a state aid (Telefonica / DTS)
College of Europe (Bruges)
* Article published on Lexxion State Aid Blog (click here), 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 (...)

The Czech Supreme Court confirms duty of national courts to enforce EU state aid rules (NH Hospital / Central Bohemian Region)
Skils (Prague)
On 25 June 2014, the Supreme Court cancelled preceding decisions by the High Court in Prague (Ref. No. 3 Cmo 289/2011-142 of 29 December 2011) and by the Municipal Court in Prague (Ref. No. 32 Cm 128/2010-131 of 13 June 2011) and remanded the case back for further proceedings before the (...)

The EU Court of Justice dismisses France’s action against the Commission’s decision declaring an unlimited guarantee incompatible with the internal market (La Poste)
DalDeWolf (Brussels)
There is no doubt that undertakings entrusted with
the provision of services of general economic interest (SGIEs) are subject to the rules in the Treaty on the Functioning of the European Union (TFEU), including its state aid rules. However, compensation for providing such public services also (...)

The EU Commission offers valuable guidance on the application of Regulation 1370/2007 on passenger transport services
College of Europe (Bruges)
* Article published on Lexxion State Aid Blog, 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 (...)

The EU Commission deems that the land development scheme for industrial and commercial use in Germany did not encompass any advantage as the purchasers of subsidised assets paid the market price
College of Europe (Bruges)
* 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 (...)

The EU Commission decides that the compensation for the operation of the two additional routes linking Sardinia to the mainland and the recapitalisation measure constituted illegal state aid and orders recovery (Saremar)
College of Europe (Bruges)
* Article published on Lexxion State Aid Blog (click here), 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 (...)

The EU Commission finds the compensation of school bus and tram transport in the Land Rhineland-Palatinat to be compatible with the internal market (Landesbetrieb Mobilität Rheinland-Pfalz)
College of Europe (Bruges)
* Article published on Lexxion State Aid Blog (click here), 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 (...)

The EU Commission publishes decision concerning a parafiscal levy intended to fund supposedly public service obligations assigned to French horse racing companies (France)
College of Europe (Bruges)
* Article published on Lexxion State Aid Blog (click here), 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 (...)

The EU Court of Justice rules on the distribution of powers between the Council and the Commission in the area of state aid enforcement (Alumina)
University of Bristol - Law School
CJEU strengthens Commission’s enforcement monopoly in State aid (C-111/10) and jeopardises its consistent enforcement with other EU policies (C-272/12)* In two recent Judgments of 4 December 2013 (C-111/10, Commission v Council) and 10 December 2013 (C-272/12, Commission v Ireland and Others), (...)

The EU Court of Justice rules on the distribution of powers between the Council and the Commission in the area of state aid enforcement (EU Commission / EU Council)
University of Bristol - Law School
CJEU strengthens Commission’s enforcement monopoly in State aid (C-111/10) and jeopardises its consistent enforcement with other EU policies (C-272/12)* In two recent Judgments of 4 December 2013 (C-111/10, Commission v Council) and 10 December 2013 (C-272/12, Commission v Ireland and Others), (...)

The EU Commission finds that Lithuanian aid given to a gas terminal operator entrusted with services of general economic importance is compatible with the internal market (Klaipedos Nafta / LNG Terminal)
College of Europe (Bruges)
* 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 (...)

The EU General Court rejects an appeal against a budgetary grant in favour of the French state owned television company, without providing any further explanation on the matter of inefficient undertakings assigned with public service obligations (Télévision française 1)
College of Europe (Bruges)
* 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 (...)

The EU Commission establishes that the compensation for the provision of inter-regional bus transportation services constitutes incompatible state aid as the requirement for ex ante determination of net costs has not been fulfilled (Simet)
College of Europe (Bruges)
* Article published on Lexxion State Aid Blog, republished in e-Competitions with the courtesy of the author(s). 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 (...)

The EU Commission re-examines a previously compatible Irish State aid scheme in light of the 2005 and 2012 SGEI packages (Electricity Supervisory Board)
College of Europe (Bruges)
* 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 (...)

The EU General Court clarifies the nature of services of general economic importance, and affirms that it is necessary to identify the presence of market failures justifying the grant of compensation (Colt Télécommunications France)
College of Europe (Bruges)
* 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 (...)

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)
College of Europe (Bruges)
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The EU General Court reinforces the doctrine of inseparability in relation to compensation for public service obligations assigned to environmental organisations (Germany / Commission)
College of Europe (Bruges)
* 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 (...)

The EU Court of Justice decides that Flemish tax incentives and subsidy mechanisms are liable to be classified as State aid (Eric Libert)
College of Europe (Bruges)
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The EU Commission issues a State aid decision concerning compensation given to a shipping company for the provision of services of a general economic interest, and orders the immediate and effective recovery of the illicit aid (SNCM)
Mircea & Partners (Bucharest)
Introduction The decision in discussion was issued by the European Commission on 2 May 2013 and established that the public service delegation contract for passenger shipping services between Marseille and Corsica did not satisfy the four cumulative conditions set out in Altmark. The (...)

The EU Commission approves State aid for the expansion of a gas storage facility that could enable the entry of more gas suppliers onto the Polish market (PGNiG)
College of Europe (Bruges)
* 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 (...)

The EU Commission clarifies the relationship between the Altmark criteria and public procurement rules (POL)
College of Europe (Bruges)
* 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 (...)

The EU General Court annuls the Commission’s decision by which it approved all of the measures adopted by France in favour of Corsica ferries (Corsica Ferries France)
Mircea & Partners (Bucharest)
A. Essential factual and legal aspects The shipping company, Corsica Ferries France SAS, applicant in the present dispute, offers regular ferry services to Corsica departing from continental France (Marseille, Toulon and Nice) and Italy. The shipping company and beneficiary of the aid measure (...)

The EU Commission adopts a communication on the application of the EU State aid rules to compensation granted for the provision of services of general economic interest
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
"The SGEI Communication"* 1. Introduction: The Communication and its role in the new SGEI package This article is the second in a series explaining the rationale behind the new SGEI package, highlighting the most important features and novelties and introducing the new texts. The (...)

The EU Commission adopts a new package to assess the public compensation granted to services of general economic interest
Van Bael & Bellis (Brussels)
The European Commission has adopted a revised package to assess the public compensation granted to services of general economic interest (“SGEI”) under the EU state aid rules: a new Communication clarifies key concepts underlying the application of the State aid rules to public service (...)

The EU Commission adopts new State aid rules for services of general economic interest (SGEI)
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
"The New State Aid Rules for Services of General Economic Interest (SGEI): the Commission Decision and Framework of 20 December 2011"* 1. Introduction: the 2011 package On 20 December 2011, the European Commission adopted a new package of State aid rules for services of general economic (...)

The EU Commission adopts a new package of State aid rules for services of general economic interest (SGEI)
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
"The New State Aid Rules for Services of General Economic Interest (SGEI)"* On 20 December 2011, following extensive public consultations, the European Commission adopted a new package of State aid rules for services of general economic interest (SGEI). This article offers an overview of the (...)

The EU Commission decides that a French bank was not overcompensated for distributing funds for social housing (Crédit Mutuel)
LUISS Guido Carli University (Rome)
,
DG COMP (Brussels)
"State aid: main developments between 1 May and 31  August 2011"* On 24 May 2011, following a formal investigation started in 1998, the Commission decided that Crédit Mutuel was not overcompensated for distribution of the Livret bleu savings account in France. In 1975 France created the (...)

The EU Commission rules that a French bank was not overcompensated for collecting funds to finance social housing (Crédit Mutuel)
DG COMP (Brussels)
Services of general economic interest: Crédit Mutuel decision - not overcompensated* This article concerns the Commission’s assessment of a service of general economic interest (SGEI) in the banking sector, namely the decision closing the formal investigation of Crédit Mutuel‘s Livrets Bleusavings (...)

The EU Commission authorises public assistance to the UK postal services operator, finding that the aid is compatible because it does not overcompensate for the public service tasks carried out, and therefore does not give any unfair competitive advantage (Post Office Limited)
European Commission - DG TRADE (Brussels)
,
DG COMP (Brussels)
Services of general economic interest: UK Post Office Ltd* On 23 March 2011 the European Commission authorised public assistance to the UK Post Office Ltd (POL), for a period of one year starting on 1 April 2011, for the funding of its network of post offices and the continuation of existing (...)

The EU Commission adopts a communication on the revision of EU State aid rules on services of general economic interest and a report on their application
DG COMP (Brussels)
,
DG COMP (Brussels)
State aid: main developments between 1 January and 30 April 2011* On 23 March, the Commission also adopted a Communication on the revision of European Union State aid rules on Services of General Economic Interest (SGEI) and a report on their application. These rules, also known as the 2005 (...)

The EU Commission publishes a guide to help public authorities understand how Member States may finance services of general interest in compliance with State aid rules
DG COMP (Brussels)
,
DG COMP (Brussels)
State aid: main developments between 1 January and 30 April 2011* On 28 January the Commission published a guide to help public authorities understand how Member States may finance services of general interest in compliance with State aid rules. The ’Guide to the application of the European (...)

The EU Commission launches a public consultation on the application of its 2005 package on services of general economic interest
DG COMP (Brussels)
"State aid: main developments between 1 May and 31 August 2010"* On 12 May the Commission has launched a public consultation on the application of its 2005 Package on Services of general economic interest (SGEI). The Package sets out guidance as to when State funding of SGEIs is compatible (...)

The Advocate General of the EU Court of Justice agrees with the General Court’s ruling in a State aid recovery case in the postal sector (Deutsche Post)
Van Bael & Bellis (Brussels)
In an opinion issued on 24 March 2010, Advocate General Niilo Jääskinen agrees with the judgment given by the General Court (hereinafter the “GC”) in 2008 by which the GC overturned a Commission decision ordering Deutsche Post to repay € 572 million of state aid. According to the AG, the Commission (...)

The EU Commission issues guidelines for the application of State aid rules in relation to rapid deployment of broadband networks
European Ombudsman
,
European Commission - Secretariat General (Brussels)
,
DG Economic and Financial Affairs (ECFIN) (Brussels)
"The new State Aid Broadband Guidelines: not all black and white"* I. General context A. The importance of broadband development There is widespread consensus on the crucial impact of broadband development for economies and societies. Broadband networks have the potential to affect (...)

The EU Commission revises its communication on State aid and public service broadcasting
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
"The 2009 Broadcasting Communication"* On 2 July 2009 the Commission revised its 2001 Communication on State aid and public service broadcasting. After three public consultations, the revised Communication clarifies the legal framework for the expansion of public service broadcasters onto new (...)

The EU General Court annuls a Commission decision in a State aid case, holding that the Commission failed to examine whether the State measures exceeded the costs incurred by the postal incumbent in performing services of general economic interest (Deutsche Post)
Van Bael & Bellis (Brussels)
On 1 July 2008, the Court of First Instance (hereinafter ‘the CFI’) annulled the Commission decision which had found that certain measures of the German authorities in favour of Deutsche Post amounted to State aid incompatible with the common market. The CFI held, in particular, that the (...)

The French Supreme court rules that national courts have an obligation to take all the necessary measures when national procedural rules are not sufficiently favorable for a claimant wishing to demonstrate the existence of overcompensation for public service obligations (Laboratoires Boiron)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual Background The company Laboratoires Boiron appeals the judgment of the Court of appeal of Lyon in litigation concerning a provision of the French Code de la santé publique (Public Health Code). The appellants which is a pharmaceutical laboratory specialising in homeopathic medicines (...)

The Irish High Court rules that actions regarding State aid measures in the private medical insurance sector to which the EU Commission did not object can not be brought before the national courts, as they fall under Art. 86(2) of the EC treaty (Bupa Ireland)
British Competition Authority - CMA (London)
Factual Background This case concerns private medical insurance and its operation in the Irish market. Private medical insurance ("PMI") was formally introduced in Ireland in 1957 with the establishment of the Voluntary Health Insurance Board (the "VHI"), in order to enable persons not (...)

The EU Commission holds that the remuneration fee paid to the Italian postal service provider for the distribution of postal savings books does not constitute State aid because it is in line with the principles established by the EU Court of Justice (Cassa Depositi e Prestiti / Poste Italiane)
DG COMP (Brussels)
,
European Commission - DG BUDG
"Poste Italiane: a market fee can fulfil the Altmark criteria"* On 22 November 2006, the Commission has decided that the remuneration fee paid by ‘Cassa Depositi e Prestiti’(CDP) to ‘Poste Italiane’(PI) for the distribution of postal savings books as of 2004 does not constitute State aid because (...)

The Bulgarian National Competition Authority clears State aid in the form of compensation for public transportation services under national State aid rules (Elena Avtotransport)
Kinstellar (Sofia)
By this Decision of 2 November 2006 the Bulgarian Commission for Protection of Competition (“the Commission”) cleared a State aid in the form of compensation for public transportation services, provided on the territory of Municipality of Elena, North-Eastern Bulgaria, by the transport operator (...)

The French Court of Appeal dismisses a claim by a pharmaceutical producer that a tax exemption granted to wholesale distributors is State aid, finding that it failed to show the existence of an advantage arising from the exemption (Laboratoires Bristol Myers Squibb)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual Background This case is one of a series of cases against pharmaceutical producers and wholesale distributors concerning a provision of the French Code de la santé publique (Public Health Code). This provision obliges pharmaceutical wholesaler to keep a permanent stock of medicinal (...)

The French Administrative Supreme Court confirms that subsidies granted for orders of French-language books are State aid, but refers for a preliminary ruling a question concerning the extent of the recovery of unnotified aid (CELF I)
Schmitt Avocats (Paris)
By a decision of 5 October 2004, the Administrative Court of Appeal of Paris classified as a State aid the subsidies granted by the French State to the Centre d’Exportation du Livre Français (“CELF”), entity created at the end of the 70’s to contribute to the diffusion of French-language books (...)

The EU Commission approves € 47.3 million operating aid in favor of a Dutch public company operating in the hazardous waste treatment sector (AVR)
DG COMP (Brussels)
"State aid for hazardous waste treatment: the case of AVR, the Netherlands"* On 22 June 2005, the European Commission has approved € 47.3 million operating aid in favour of AVR of the Netherlands for hazardous waste disposal. € 2.4 million — compensation for the cost of acquisition of the (...)

The French court refers questions to the EU Court of Justice relating to social security exemptions for French laboratories (Laboratoires Boiron)
Sheppard Mullin (Brussels)
,
Maersk (Copenhagen)
Brief description of the facts and legal issues A laboratory filed an action for the refund of a Sociàl Security contribution arguing that this contribution was unlawful State aid, because certain laboratories were exempt. Referring to the Banks case (Joined Cases C-390/98, Banks & Co v (...)

The Paris Court of Appeal orders the Ministry of Culture to recover unnotified State aid granted in the publishing sector, having found no relevant public service obligations (CELF I)
Schmitt Avocats (Paris)
By decision of 5 October 2004, the Administrative Court of Appeal of Paris applied Article 93(3) EC Treaty (today Article 88 EC) and ordered the reimbursement of aids paid without beforehand notification to the European Commission. The French Court also applied the principles and criteria set (...)

The EU Court of Justice delivers a judgment on the notion of State aid, addressing the issue of the compensation for services of general economic interest (Altmark)
DG COMP (Brussels)
,
European Commission - DG MOVE
"Compensation for services of general economic interest: some thoughts on the Altmark ruling"* 1. Introduction With the Altmark judgement, the European Court of Justice has uttered the last word in a longstanding dispute: is compensation for services of general economic interest (SGEI) a (...)

The EU Commission adopts a methodology for analysing State aid linked to stranded costs that includes criteria for whether a stranded costs compensation mechanism that constitutes State aid can be authorized under the EC Treaty
DG COMP (Brussels)
"A methodology for analysing State aid linked to stranded costs"* 1. The ‘stranded costs’ concept At the time the European electricity market was not liberalised, recovery of all investments by electricity undertakings was achieved through adequate tariff fixation by the States. In these (...)

The French Tribunal in charge of social security cases applies to the EU Court of Justice for a preliminary ruling on whether a tax exemption can be considered not as State aid but a mere compensation of public service costs (Ferring)
CRDEI - Centre de Recherche et de Documentation Européennes et Internationales (Bordeaux)
The important case law of the ECJ often finds its origin in a preliminary question raised by national judges of first instance (e. g. ECJ, April 30th, 1986, Asjes a. o., Joined Cases 209/84 209/84, 210/84, 211/84, 212/84, 213/84 and 213/84, [1986] ECR 1425, “Nouvelles Frontières”, preliminary (...)

The EU Commission proposes a change to the directive on the transparency of financial relations between Member States and public undertakings
DG COMP (Brussels)
"Commission proposes change to Transparency Directive"* The Commission has accepted on 30 March 1999 a draft amendment to the so-called Transparency Directive 80/723/CEE. This Directive in its present form allows the Commission to investigate into the financial relations between Member States (...)

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