Where is the Money? The Link between Advantage and Transfer of State Resources* On 19 March 2013, the Court of Justice delivered an important judgment in case C-399/10 P, Bouygues v European Commission concerning aid that was granted by France to France Telecom. The case was an appeal to an earlier ruling of the General Court in case T 425/04 France and Others v Commission which annulled Article 1 of Commission Decision 2006/621 [OJ 2006 L 257, p. 11] which had declared the aid granted to France Telecom as incompatible with the internal market. Background The European Commission found that France had granted aid to France telecom (FT). The aid was considered to be incompatible with the internal market and had to be recovered. Very unusually, the aid consisted of favourable public
The EU Court of Justice rules that seemingly separate interventions may constitute a single measure if they are inseparable by way of timing, purpose and the condition of the beneficiary undertaking (Bouygues)
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