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)

Nicolaides, Phedon

Previous article 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) Next article The EU General Court reinforces the doctrine of inseparability concerning compensation for public service obligations assigned to environmental organisations (Germany / Commission)

13 Sep 2013

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)

KEYWORDS

Reference

EU General Court, Poste Italiane, Case T‑525/08, 13 September 2013 (French)

New Case Law on Incentive Effect, “Private Borrower”, Advantage, Compensation, SGEI and Market Failure* Introduction The posting reviews three recent rulings of the General Court [1]. They are significant because they introduce substantial nuances in the case law concerning the concepts of incentive effect, compensation for structural impediment, the designation of an activity as a service of general economic interest (SGEI) and the connection between market failure and SGEI. On the whole, the Court has provided useful clarification. However, I will also argue that on at least a couple of issues the Court may have also inadvertently raised ambiguity. [2] The Principle of “Private Borrower” and Advantage: T-525/08, Poste Italiane v European Commission [3] This is one of the few cases,

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

PDF Version

Author

Phedon Nicolaides
Maastricht University

Belgium 321 contributions 56190 visits

Quotation

Phedon Nicolaides, 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), 13 September 2013, e-Competitions State aid and Service of General Economic Interest, Art. N° 58366

Visites 416