Correct Pricing for the Use of Publicly Funded Infrastructure* Publicly funded infrastructure must be made available to users at prices that correspond to its market value. Introduction When publicly-funded infrastructure is placed at the disposal of an undertaking, that undertaking must pay a market price, otherwise it derives an advantage in the meaning of Article 107(1) TFEU. But what is the market price? Is it the price charged to similar undertakings using comparable infrastructures? The judgment which is reviewed in this article indicates that, for two reasons, it may not be the right answer. First, the amount of public resources that finance comparable infrastructures may vary. Therefore, prices charged to users may also vary despite the fact that infrastructures are
The EU General Court overturns the Commission’s decision that exclusive use of a port by a shipping company was not State aid, after finding the Commission failed to open a formal investigation and establish that the port owner acted as a private operator (Naviera Armas)
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