Search results - Concurrences

5 Oct 2020 R

Existing aid: The General Court of the European Union considers that the European Commission has not demonstrated to the requisite legal standard the existence of a selective advantage which the Institut Français du Pétrole would have enjoyed as a result of its conversion into a public industrial and commercial establishment (IFPEN)

Alain Ronzano • N° 4-2020

On 5 October 2020, the Court of First Instance of the European Union delivered a judgment on a reference for a preliminary ruling after cassation in Joined Cases T-479/11 RENV and T-157/12 RENV.. In this case, which is entirely centred on the question of the unlimited guarantee enjoyed, by (...)

24 Sep 2020 R

Compatible aid: The Court of Justice of the European Union clarifies the qualification of SME within the meaning of the Block Exemption Regulation n° 651/2014, particularly with regard to the independence criterion (NMI Technologietransfer / EuroNorm)

Alain Ronzano • N° 4-2020

On 24 September 2020, the Court of Justice of the European Union delivered a judgment in Case C-516/19 (NMI Technologietransfer GmbH v EuroNorm GmbH).which follows a reference for a preliminary ruling from the Berlin Administrative Court on the definition of small and medium-sized enterprises (...)

23 Sep 2020 R

Recovery: The General Court of the European Union concludes, in the case of the Spanish tax leasing scheme, that there is a selective advantage resulting from the discretionary power of the tax authorities to grant the aid and confirms the obligation of recovery from the identified beneficiaries (Lico Leasing, Pequeños y Medianos Astilleros Sociedad de Reconversión)

Alain Ronzano • N° 4-2020

On 23 September 2020, the General Court of the European Union once again ruled in the case of the Spanish tax leasing scheme. The contested measures concern the Spanish tax leasing scheme (RELF), which is designed to enable shipping companies to acquire ships built by Spanish shipyards at (...)

22 Sep 2020 R

Nuclear energy: The Court of Justice of the European Union rules that the construction of a nuclear power plant falls within the scope of state aid control and that it must comply with EU environmental rules to be declared compatible with the internal market (Hinkley Point C)

Alain Ronzano • N° 4-2020

On 22 September 2020, the Court of Justice of the European Union delivered its judgment in Case C-594/18 (Austria v Commission).. As called for by Advocate General Gerard Hogan in his Opinion delivered on 7 May 2020the Court dismisses the appeal brought by Austria. This case concerns the UK (...)

17 Sep 2020 R

Advantage: The Court of Justice of the European Union considers, with regard to the measures in favour of fishermen in Western France, that the condition of the existence of an advantage conferred on an undertaking was lacking and that the European Commission could not classify as State aid the measure of reduction of wage costs, passed on to employees (Compagnie des pêches de Saint-Malo)

Alain Ronzano • N° 4-2020

On 17 September 2020, the Court of Justice of the European Union delivered its judgment in Case C-212/19 (Minister for Agriculture and Food v. Compagnie des pêches de Saint-Malo) on the reference for a preliminary ruling from the French Conseil d’État on the interpretation of the Commission (...)

16 Sep 2020 R

Illegal aid: The French Supreme Court, pointing out that the mechanism obliging the dominant electricity producer to buy back electricity of photovoltaic origin at a price higher than the market price constitutes illegal State aid, confirms that the photovoltaic electricity producers who were unable to benefit from the said tariff were not entitled to claim damages (EDF)

Alain Ronzano • N° 4-2020

In three rulings handed down on 16 September 2020, following six rulings to the same effect already adopted on 18 September 2019, the Commercial Chamber of the Court of Cassation confirmed that the scheme obliging EDF to buy back photovoltaic electricity at a price above the market price, (...)

9 Sep 2020 R

Compatibility of the aid : The General Court of the European Union holds that the European Commission failed to verify that a beneficiary undertaking was indeed an SME within the meaning of the Block Exemption Regulation No 651/2014 and that it should have had doubts in that regard which gave rise to serious difficulties concerning the compatibility of the aid in question with the internal market, obliging it to open the formal investigation procedure (Kerkosand)

Alain Ronzano • N° 4-2020

On 9 September 2020, the Court of First Instance of the European Union delivered a judgment in Case T-745/17 (Kerkosand v. European Commission). It annuls the decision of 20 July 2017. according to which the Commission considered in substance that the EUR 5 million investment aid granted by (...)

3 Sep 2020 R

Interested party: The Court of Justice of the European Union rules that competitors may challenge the European Commission’s refusal to initiate the formal investigation procedure without having to show that the aid in question is likely to have a concrete impact on their situation (Vereniging tot Behoud van Natuurmonumenten in Nederland / Vereniging Gelijkberechtiging Grondbezitters)

Alain Ronzano • N° 4-2020

On 3 September 2020, the Court of Justice of the European Union delivered its judgment in State aid case C-817/18 (Vereniging tot Behoud van Natuurmonumenten in Nederland and Others v Vereniging Gelijkberechtiging Grondbezitters and Others).. It states that, should the Commission refuse to (...)

15 Jul 2020 R

Annulment: The General Court of the European Union annuls the European Commission’s decision on Irish tax rulings, which required the recovery of EUR 13 billion, finding that the Commission failed to demonstrate the existence of an advantage (Apple)

Alain Ronzano • N° 4-2020

On 15 July 2020, the Court of First Instance of the European Union delivered its judgment in the case of Ireland’s tax rescriptions in favour of Apple (Joined Cases T-778/16 - Ireland v. European Commission and T-892/16 - Apple Sales International and Apple Operations Europe v. European (...)

29 Jun 2020 R

COVID-19: The Commission extends the scope of the Temporary Framework to allow Member States to provide public support targeted at micro and small enterprises, even if they were already in financial difficulty on 31 December 2019

Alain Ronzano • N° 3-2020

On 29 June 2020, the European Commission announced that it had adopted a third amendment extending the Temporary Framework, adopted on 19 March 2020 and amended a first time on 3 April 2020 and a second time on 8 May 2020. The main purpose of this amendment is to enable Member States to (...)

11 Jun 2020 R

Notion of undertaking: The Court of Justice of the European Union rules that, in a system of compulsory health insurance, insurance bodies cannot be classified as undertakings and therefore do not fall within the scope of the rules of Union law on State aid (Dôvera zdravotná poist’ovňa)

Alain Ronzano • N° 3-2020

In a judgment delivered on 11 June 2020 in Joined Cases C-262/18 and C-271/18 (Commission v Dôvera zdravotná poistʼovňa), the Grand Chamber of the Court of Justice of the European Union put an end to the Court of First Instance’s attempts to relax the application of the concept of undertaking within (...)

11 Jun 2020 R

Economic activity: The Court of Justice of the European Union annuls a judgment of the General Court of the European Union and confirms a decision of the European Commission declaring that State measures in favour of health insurance bodies do not constitute State aid (Dôvera zdravotná poistʼovňa)

Jacques Derenne • N° 3-2020 • pp. 142-144

This judgment delivered on appeal (annulment of the judgment under appeal) by the Court of Justice, sitting as a Grand Chamber, makes an important contribution to the contours of the concept of economic activity (and therefore of undertaking) in the context of compulsory health insurance (...)

4 Jun 2020 R

Lack of reasoning: The Court of Justice of the European Union sets aside a judgment of the General Court allowing the Commission, in parallel with the opening of a formal investigation procedure, to order a Member State to suspend the implementation of a potential aid measure (Hungary / European Commission)

Alain Ronzano • N° 3-2020

On 4 June 2020, the Court of Justice of the European Union delivered its judgment in Case C-456/18 (Hungary v. European Commission).. Identifying, following General Counsel Kokott’s findings The Court of Justice sets aside the judgment of the Court of First Instance recognising the Commission’s (...)

4 Jun 2020 R

COVID-19: The European Commission authorizes an amendment to the French plan to secure corporate financing in order to ensure the liquidity of companies whose activities are affected by closures for health emergencies

Alain Ronzano • N° 3-2020

It will be remembered that on 21 March 2020, the European Commission had authorised three French aid schemes, which are expected to mobilise more than €300 billion to ensure that liquidity is maintained for businesses affected by the current crisis. The third measure (measure C) applied to all (...)

4 Jun 2020 R

Lack of motivation: The Court of Justice of the European Union annuls a judgment of the General Court of the European Union for breach of the requirement to state reasons concerning the adoption of suspension injunctions by the European Commission and for additions of reasons to those decisions and annuls the contested decisions of the European Commission for failure to state reasons (Hongrie / Commission)

Jacques Derenne • N° 3-2020 • pp. 140-142

The annotated judgment is delivered on appeal, on 4 June 2020, by the Court of Justice, which sets aside the contested judgment of the Court of First Instance of 25 April 2018 and annuls the two Commission decisions in question in so far as they order the suspension of the Hungarian measures (...)

28 May 2020 R

Existing aid: Advocate General Pitruzzella considers that the French extended producer responsibility scheme for the management of waste from textile products, household linen and footwear should not, in principle, be regarded as State aid (Eco TLC)

Alain Ronzano • N° 3-2020

On 28 May 2020, Advocate General Giovanni Pitruzella delivered his Opinion. in Case C-556/19 (Société Eco TLC v Ministre de la transition écologique et solidaire): reference for a preliminary ruling from the Conseil d’État (France) from the Conseil d’État (Council of State) At the heart of the (...)

20 May 2020 R

COVID-19: The European Commission authorises an amendment to the French framework scheme to support businesses during the pandemic, integrating aid through tax and social benefits and increasing its budget from €7 billion to €50 billion

Alain Ronzano • N° 3-2020

It will be remembered that on 21 April 2020, the European Commission had made public the decision of 20 April 2020 by which it had authorised the French ’Régime Cadre Temporaire’ amounting to EUR 7 billion to support all French undertakings affected by the economic crisis linked to the coronavirus (...)

18 May 2020 R

COVID-19: Germany and France present their initiative for a European recovery, including a modernisation of competition policy and adaptation of state aid rules

Alain Ronzano • N° 3-2020

On the occasion of the presentation of their European Recovery Initiative500 billion in EU budget spending for the sectors and regions most affected by the Covid-19 health crisis, Germany and France invited Europeans to invest, beyond the 500 billion recovery fund, in three other areas: (...)

13 May 2020 R

Illegal aid: The General Court of the European Union upholds the decision of the European Commission declaring illegal the measures in favour of the development of air transport and imposing the state aid recovery from the airlines (easyJet Airline / Volotea / Germanwings)

Alain Ronzano • N° 3-2020

On 13 May 2020, the Court of First Instance of the European Union delivered three judgements following actions brought by three low-cost airlines against the European Commission’s decision of 29 July 2016. in favour of which it considered that the State aid implemented by Italy providing (...)

13 May 2020 R

COVID-19: The European Commission presents its plan to support the tourism and transport sector and publishes a recommendation encouraging schemes that allow assets in the aviation and tourism sector in the event of cancellations due to the coronavirus crisis

Alain Ronzano • N° 3-2020

The Commission presented on 13 May 2020 a set of guidelines and recommendations aimed at helping Member States to gradually lift travel restrictions and to allow businesses in the tourism sector to reopen after months of containment, while respecting the necessary health precautions. The (...)

13 May 2020 R

Indirect beneficiaries: The General Court of the European Union confirms that airlines serving Sardinia, which concluded commercial agreements with airport operators, with a view to improving the island’s air service and promoting it as a touristic destination, benefitted from State aid (Volotea / Germanwings / EasyJet)

Bruno Stromsky • N° 3-2020 • pp. 144-147

The three judgments handed down by the Tribunal in the cases concerning airlines serving Sardinia are quite rich. They deal in particular with an often complex and controversial issue, that of the indirect benefit of aid. The case law makes it clear that Article 107(1) TFEU applies both to (...)

8 May 2020 R

COVID-19 : The European Commission extends the scope of the Temporary Framework to allow Member States to recapitalise companies in urgent need of equity capital

Alain Ronzano • N° 3-2020

On 8 May 2020, the European Commission announced that it had adopted a second amendment extending the temporary framework, adopted on 19 March 2020 and first amended on 3 April 2020, which aims to establish the criteria on the basis of which Member States may now adopt measures in the form of (...)

7 May 2020 R

Market economy investor: The Court of Justice of the European Union dismisses the appeal of a steel group in the case of incompatible aid granted to it by the Walloon Region, ruling out any reversal of the burden of proof in the application of the market economy investor test (Duferco)

Alain Ronzano • N° 3-2020

On 7 May 2020, the Court of Justice of the European Union delivered its judgment in Case C-148/19 (BTB Holding Investments and Duferco Participations Holding v Commission).. It dismissed the appeal for annulment of thejudgment delivered on 11 December 2018. by the Court of First Instance of (...)

7 May 2020 R

Compatibility: Advocate General Hogan calls on the Court of Justice of the European Union to dismiss Austria’s appeal, holding that the European Commission is not obliged to examine the compatibility with environmental rules of state aid granted to build and operate a new nuclear power station (Hinkley Point C)

Alain Ronzano • N° 3-2020

On 7 May 2020, Advocate General Gerard Hogan delivered his Opinion in Case C-594/18 (Austria v Commission).. This case concerns the UK project to subsidise the construction and operation of a new nuclear power station using EPR technology at Hinkley Point in Somerset, which has been entrusted (...)

7 May 2020 R

Private operator: The Court of Justice of the European Union confirms the conditions of implementation of the private operator principle by the European Commission and the review to be carried out by the judge in this regard (BTB / Duferco)

Raphaël Vuitton • N° 3-2020 • pp. 138-140

In the final stage of the dispute concerning the aid granted to the Belgian steel group Duferco, the Court was called upon to clarify the conditions for the implementation by the Commission of the principle of the private operator and the review which the court must carry out in that regard. (...)

6 May 2020 R

New aid: The Court of Justice of the European Union considers that a Member State may grant an aid subject to the condition that the beneficiary has repaid other aid declared unlawful and incompatible, despite the fact that the decision of the European Commission approving the new aid does not explicitly provide for such a requirement (Blumar)

Bruno Stromsky • N° 3-2020 • pp. 137-138

The granting of State aid which is not covered by an exemption regulation is subject to prior approval by the Commission. As part of its notification, the State may stipulate that the granting of such aid will be subject to certain conditions. It may also give undertakings to the Commission, in (...)

5 May 2020 R

COVID-19: Eight French independent administrative authorities present the results of their work on the consideration of climate issues in competition law

Alain Ronzano • N° 3-2020

Questioned on 4 May 2020 at the hearing by the Internal Market Committee of the European Parliament on the need to make State aid granted to airlines as a result of the Covid-19 health crisis conditional on commitments on environmental protection, the Executive Vice-President of the Commission, (...)

30 Apr 2020 R

Recovery: The Court of Justice of the European Union considers that the limitation period of ten years for the recovery of aid applies only to the relationship between the Commission and the Member State (Nelson Antunes da Cunha / IFAP)

Alain Ronzano • N° 3-2020

Stressing the need for full recovery of unlawful aid, the Court of Justice of the European Union considers that the limitation period of 10 years for the recovery of aid applies only to relations between the Commission and the Member State and that a national limitation period must be left (...)

30 Apr 2020 R

Limitation period: The Court of Justice of the European Union regulates the application of national limitation periods in the context of recovery of interests relating to unlawful aid (Nelson Antunes da Cunha)

Raphaël Vuitton • N° 3-2020 • pp. 135-137

When the ineffectiveness of the procedure for the recovery of State aid, leaving much room for the procedural autonomy of the Member State concerned, is combined with the prolonged inaction of the Member State to ensure the implementation of the aid to the beneficiary, but also with the (...)

24 Apr 2020 R

COVID-19: The European Commission authorises an improvement in the French guarantee scheme for exporting firms affected by the coronavirus pandemic

Alain Ronzano • N° 3-2020

By decision adopted on 24 April 2020the European Commission has authorised a French guarantee scheme for small and medium-sized enterprises whose export activities are affected by the coronavirus pandemic. On 21 April 2020, France notified to the Commission under the TemporaryFrameworkA (...)

20 Apr 2020 R

COVID-19: European Commission authorises €7 billion French framework scheme to support all businesses during the coronavirus pandemic

Alain Ronzano • N° 3-2020

On 21 April 2020, the European Commission made public the decision of 20 April 2020 in favour of which it authorised the French "Régime Cadre Temporaire" for an amount of EUR 7 billion. The scheme is intended to support all French firms affected by the economic crisis linked to the coronavirus (...)

15 Apr 2020 R

COVID-19 : The European Commission authorises the extension and strengthening of the French “Fonds de solidarité” in favour of small businesses suffering from the COVID-19 crisis

Alain Ronzano • N° 3-2020

It will be remembered that on 30 March 2020, the European Commission had authorisedUnder the temporary framework for state aid to support the economy in the context of the COVID-19 outbreak, the ³csolidarity fund³d set up by France to support small and micro-enterprises (10 employees and a (...)

6 Apr 2020 R

COVID-19 : The European Commission extends the scope of the temporary framework for State aid to allow Member States to provide additional support to the economy during the coronavirus crisis

Alain Ronzano • N° 3-2020

On 6 April 2020, the European Commission announced that it had adopted an amendment extending the temporary framework adopted on 19 March 2020 to allow Member States to accelerate research, testing and production of products relevant to coronaviruses, to protect jobs and to further support the (...)

31 Mar 2020 R

COVID-19: The European Commission authorises the French scheme aimed at deferring the payment by airlines of certain taxes

Alain Ronzano • N° 2-2020

On 31 March 2020, the Commission authorised the French scheme to defer the payment by airlines of certain taxes in order to mitigate the economic consequences of the coronavirus outbreak. This authorisation is based on Article 107(2)(b) of the Treaty on the Functioning of the European Union (...)

30 Mar 2020 R

COVID-19: The European Commission authorises the French “Fonds de solidarité” with a budget of €1.2 billion to help small businesses suffering from the COVID-19 crisis

Alain Ronzano • N° 2-2020

On 30 March 2020, the European Commission authorised, under the temporary framework for state aid to support the economy in the context of the COVID-19 outbreak, the ’Solidarity Fund’ set up by France to support small and micro-enterprises and the self-employed affected by the economic (...)

30 Mar 2020 R

COVID-19: The European Commission opens an office for companies who have questions about the compatibility of their cooperation agreements in relation to the fight against the coronavirus epidemic, consults Member States on the need to extend the scope of the temporary framework for State aid and adapts the Communication on short-term export-credit insurance

Alain Ronzano • N° 2-2020

On 30 March 2020, the European Commission announced that it had opened a web page intended to inform companies, associations and their advisers in case of uncertainty as to the compatibility with EU competition law of the European dimension cooperation agreements they intend to implement in the (...)

26 Mar 2020 R

Incompatible aid: The Court of Justice of the European Union annuls the judgment of the General Court confirming the incompatibility of several aid measures implemented by the Greek State in favour of a company in difficulty (Larko)

Alain Ronzano • N° 2-2020

On 26 March 2020, the Court of Justice of the European Union delivered a judgment in case C-244/18 (Larko Geniki Metalleftiki kai Metallourgiki AE v. European Commission).. It will be recalled that in a judgment rendered on February 1, 2018 In Case T-412/14 (Larko Geniki Metalleftiki kai (...)

26 Mar 2020 R

Failing firm: The Court of Justice of the European Union partially annuls the judgment of the General Court of the European Union which confirmed that guarantees granted to a Greek mining company constituted State aid incompatible with the internal market (Larko)

Raphaël Vuitton • N° 2-2020 • pp. 147-148

This is the latest episode in a long-standing dispute, and the judgment under comment is set in the same context as that which led to the Court’s judgment of 9 November 2017, Commission v. Greece (C-481/16, comm. R Vuitton, ConcurrencesNo. 1-2018, pp. 134-136.) and the judgments of the Court of (...)

21 Mar 2020 R

COVID-19: The European Commission authorises three French regimes to support the national economy in the coronavirus crisis, as well as Danish, German, Portuguese and Italian regimes

Alain Ronzano • N° 2-2020

Less than 48 hours after the adoption of the temporary framework for state aid to support the economy in the context of the COVID-19 outbreak, the European Commission authorised three French aid schemes on 21 March 2020300 billion to ensure that the liquidity of companies affected by the crisis (...)

19 Mar 2020 R

COVID-19: The European Commission adopts the temporary framework for state aid to support the economy in the COVID-19 outbreak

Alain Ronzano • N° 2-2020

On 19 March 2020, only two days after having consulted the 27 EU Member States to activateArticle 107(3)(b) TFEU, the Commission is due to adopt a proposal to extend the framework until the end of December 2020.which declares "aid to make good the damage caused by natural disasters or (...)

18 Mar 2020 R

Unlawful aid: The French Administrative Supreme Court applies the CELF case law (Autocars R. Suzanne et Syndicat autonome des transporteurs de voyageurs)

Francesco Martucci • N° 3-2020 • pp. 147-148

In a judgment of 18 March 2020, the Council of State applied the CELF case law on unlawful and compatible State aid (CJEC, gde ch., 12 February 2008, CELF, aff. C-199/06, EU:C:2008:79 ; CJEU, 11 March 2010, CELF, aff. C-1/09, EU:C:2010:136 CE, 29 March 2006, CELF, No. 274923 CE, 19 Dec. 2006, (...)

17 Mar 2020 R

COVID-19: The European Commission, in the face of the COVID-19 epidemic, wants to relax State aid rules to allow the Member States to support the economy and encourages companies to delay merger notifications

Alain Ronzano • N° 2-2020

On 17 March 2020, the European Commission proposed to the 27 EU Member States to activateArticle 107(3)(b) of the TFEU.which declares "aid to make good the damage caused by natural disasters or exceptional occurrences compatible with the internal […]market" in order to remedy the serious (...)

13 Mar 2020 R

COVID-19: The European Commission adopts a new temporary framework for state aid in the context of the COVID-19 pandemic implementing a flexible approach for approving emergency aid granted by Member States to businesses affected by the pandemic

Jacques Derenne, Catalina Chilaru • N° 2-2020 • pp. 128-143

The Commission’s DG Competition has organised itself in a similar way to its response to the 2008 crisis, setting up a specific email address and telephone number for Member States (https://ec.europa.eu/competition/state_aid/what_is_new/covid_19.html; +32 2 296 52 00; COMP-COVID@ec.europa.eu), (...)

12 Mar 2020 R

Illegal aid : The General Court of the European Union annuls the decision finding that the public guarantee granted to two Spanish football clubs in difficulty in the context of a capital increase constituted an illegal and incompatible aid (Valencia Club de Fútbol; Elche Club de Fútbol)

Alain Ronzano • N° 2-2020

On 12 March 2020, the Court of First Instance of the European Union delivered two new judgments in the case of aid granted to three football clubs in financial difficulty - Valencia CF, Hércules CF and Elche CF - located in the Community of Valencia in Spain. It will be remembered that on 20 (...)

12 Mar 2020 R

Recovery: The Court of Justice of the European Union condemns a Member State for failure to comply with a judgment finding a failure to fulfil obligations for not implementing a negative decision of the European Commission and recalls in particular the illegality of national court judgments suspending national recovery orders seeking to implement that Commission’s decision (Commission / Italy)

Jacques Derenne • N° 2-2020 • pp. 146-147

The annotated judgment is again a ’judgment on failure to fulfil obligations’ ordering a Member State (Italy in this case) to pay a financial penalty (EUR 7.5 million) and a daily penalty payment (EUR 80 000) for failure to comply fully with a judgment on failure to comply with a negative (...)

12 Mar 2020 R

Incompatible aid: The General Court of the European Union annuls the decision of the European Commission finding that guarantees granted by the Spanish public authorities to professional football clubs in the framework of bank loans taken out in order to proceed to an increase in their capital, are State aid incompatible with the internal market (Valencia Club de Fútbol, Elche Club de Fútbol)

Raphaël Vuitton • N° 2-2020 • pp. 150-153

After examining cases concerning state aid granted to professional football clubs in Barcelona, Bilbao, Alicante (Trib. EU, 26 Feb. 2019, Athletic Club, Case T-679/16, EU:T:2019:112, Trib. EU, 26 Feb. 2019, Fútbol Club Barcelona, Case T-865/16, EU:T:2019:113, Trib. UE, 22 Mar. 2019, Hércules Club (...)

11 Mar 2020 R

Modification: The Court of Justice of the European Union considers that the obligation to invite interested parties to submit their comments in a State aid procedure, following a substantial modification in the legal framework, exists only if the modification is liable to affect the Commission’s decision (Gmina Miasto Gdynia, Port Lotniczy Gdynia Kosakowo)

Alain Ronzano • N° 2-2020

On 11 March 2020, the European Court of Justice delivered its judgment in Case C-56/18 (European Commission v. Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo).. In it, the Court sets aside thejudgment of 17 November 2017. in Case T-263/15 (Gmina Miasto Gdynia and Port Lotniczy (...)

11 Mar 2020 R

Formal investigation procedure: The Court of Justice of the European Union accepts that the European Commission did not have to reopen the formal investigation procedure after the adoption of new guidelines and consequently annuls a judgment of the General Court of the European Union (Gmina Miasto Gdynia, Port Lotniczy Gdynia Kosakowo)

Bruno Stromsky • N° 2-2020 • pp. 144-146

At first instance, the Court of First Instance held that the Commission should reopen the formal investigation procedure when new guidelines entailing a change in the legal regime are adopted after the opening (Trib. EU, 17 Nov. 2017, Gmina Miasto Gdynia (’Municipality of Gdynia’) and others, (...)

5 Mar 2020 R

Existing aid: Advocate General Pitruzzella suggests that the Court should declare invalid the Commission’s decision on the measures in favour of fishermen in western France (Compagnie des pêches de Saint-Malo)

Alain Ronzano • N° 2-2020

On 5 March 2020, Advocate General Giovanni Pitruzzella delivered his Opinion. in the case of the reference for a preliminary ruling from the French Conseil d’État on the interpretation of the Commission’s decision of 14 July 2004on certain aid measures implemented by France in favour of fish (...)

4 Mar 2020 R

Jurisdiction: The Court of Justice of the European Union confirms that the compensation granted to the bus passenger transport service by the Italian region of Campania did not meet the Altmark conditions and therefore constituted incompatible State aid which must be recovered (Buonotourist; CSTP Azienda della Mobilità)

Alain Ronzano • N° 2-2020

On 4 March 2020, the Court of Justice of the European Union delivered two judgments in identical terms in State aid cases C-586/18 (Buonotourist v Commission) and C-587/18 (CSTP Azienda della Mobilità v Commission)in which it dismisses in their entirety the appeals seeking the annulment of the (...)

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