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] A Rare Case of Successful Compliance with the Altmark Criteria: T-79/10, Colt
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)
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