Search results - Concurrences

21 Dec 2020 R

Covid-19: The European Commission intends to implement national recovery plans in compliance with state aid control

Alain Ronzano • N° 4-2020

On 21 December 2020, the European Commission published eleven guidance models to help Member States to develop their national plans for recovery and resilience in compliance with EU state aid rules. The aim is to ensure that the deployment of these national recovery plans is done in compliance (...)

17 Dec 2020 R

SGEI: The Court of Justice of the European Union, with regard to the aid granted by Poland to its incumbent postal operator, by specifying the modalities of attribution of compensation in the light of the rules of transparency laid down in the SGEI Framework, validates the approach of the General Court of the European Union concerning the compensation of the net cost resulting from the fulfilment by that operator of its universal postal service obligations (Inpost Paczkomaty, Inpost)

Alain Ronzano • N° 4-2020

On 17 December 2020, the Court of Justice of the European Union delivered a judgment in Joined Cases C-431/19 P and C-432/19 (Inpost Paczkomaty sp. z o.o. and Inpost S.A. v Commission) . It will be recalled that on 19 March 2019, the Court of First Instance of the European Union handed down a (...)

17 Dec 2020 R

Notification: Advocate General Tanchev calls on the Court of Justice of the European Union to hold that a national measure providing for the payment of compensation to farmers for the slaughter of sick animals on the basis of a previously adopted law constitutes new aid, which, however, after verification by the national court, may qualify for exemption from notification or even constitute de minimis aid (Azienda Sanitaria Provinciale di Catania)

Alain Ronzano • N° 4-2020

On 17 December 2020, Advocate General Evgeni Tanchev presented his conclusions. in State aid Case C-128/19 (Azienda Sanitaria Provinciale di Catania v Assessorato della Salute della Regione Siciliana): reference for a preliminary ruling from the Italian Court of Cassation. The dispute in the (...)

10 Dec 2020 R

Private investor: The Court of Justice of the European Union rejects the appeal of an Italian city, considering that the General Court of the European Union has correctly applied the criterion of private investor to the aid granted in the form of capital increases in a company in charge of ground handling at two airports (Comune di Milano / European Commission)

Alain Ronzano • N° 4-2020

On 10 December 2020, the Court of Justice of the European Union delivered its judgment in Case C-160/19 (Comune di Milano v. European Commission).. In that case, which mainly raised the question of the application of the criterion of the private investor acting in a market economy, the Court (...)

3 Dec 2020 R

Existing aid: Advocate General Kokott, considering that the European Commission has sufficiently demonstrated the existence of an aid scheme in relation to the Belgian authorities’ practice of negative profit adjustment for companies belonging to a multinational group, calls on the Court of Justice of the European Union to annul the judgment of the General Court of the European Union and refer the case back to it (Magnetrol International)

Alain Ronzano • N° 4-2020

On December 3, 2020, General Counsel Juliane Kokott presented her conclusions. in Case C-337/19 (European Commission v Kingdom of Belgium and Magnetrol International). It calls on the Court of Justice of the European Union to uphold the Commission’s appeal and, consequently, to annul (...)

24 Nov 2020 R

Effet utile: The Court of Justice of the European Union rules that the national court is obliged to order the beneficiary to pay interest for the period of illegality of the aid, even if the aid was subsequently declared compatible with the internal market and the beneficiary is an undertaking entrusted with the operation of an SGEI (Viasat Broadcasting UK / TV2/Danmark)

Alain Ronzano • N° 4-2020

On 24 November 2020, the Court of Justice of the European Union delivered a judgment in Case C-445/19 (Viasat Broadcasting UK Ltd v. TV2/Danmark A/S) following a reference for a preliminary ruling by the Court of Appeal of the Eastern Region of Denmark on the financing of public service (...)

12 Nov 2020 R

Environment: European Commission launches public consultation on the design of the future guidelines on state aid for environmental protection and energy

Alain Ronzano • N° 4-2020

In view of the revision of the guidelines on State aid for environmental protection and energywhich is due to take place in the fourth quarter of 2021, the European Commission is launching a first public consultation. of eight weeks, until 7 January 2021, during which it invites interested (...)

29 Oct 2020 R

State resources: Advocate General Tanchev calls on the Court of Justice of the European Union to dismiss the appeal brought by the Commission against the judgment of the Court of First Instance dismissing the categorisation of Italian State measures in the banking sector as State aid (Italian Republic, Banca d’Italia, a.o.)

Alain Ronzano • N° 4-2020

On 29 October 2020, Advocate General Evgeni Tanchev presented his conclusions. in Case C-425/19 (Commission of the European Communities v Italian Republic and Others) Taking the view, in turn, that the support granted by a consortium of Italian banks to one of its members did not involve the (...)

28 Oct 2020 R

De minimis ceiling: The Court of Justice of the European Union clarifies the rules applicable to companies exceeding the de minimis ceiling of EUR 200 000 over three years because of cumulation with aid obtained previously (INAIL / Zennaro)

Alain Ronzano • N° 4-2020

On 28 October 2020, the Court of Justice of the European Union delivered a judgment in Case C-608/19 (INAIL) which follows a reference for a preliminary ruling from the Italian Council of State on the interpretation of Articles 3 and 6 of Commission Regulation No 1407/2013 of 18 December 2013 (...)

27 Oct 2020 R

Admissibility: Advocate General Szpunar, in finding that the applicant is not individually concerned, calls on the Court of Justice of the European Union to confirm the inadmissibility of the action brought by the German national airline against the decision concerning measures in favour of Frankfurt-Hahn airport and another airline (Lufthansa)

Alain Ronzano • N° 4-2020

On 27 October 2020, Advocate General Maciej Szpunar presented his conclusions. in Case C-453/19 (Deutsche Lufthansa AG v European Commission). In that case, the appellant claims that the Court of Justice of the European Union should dismiss the fourth to sixth limbs of the first plea in law, (...)

21 Oct 2020 R

Environment: The Court of Justice of the European Union, in ruling out, subject to verification, any transfer of State resources, considers that the French system of recycling and treatment of waste from textile products, household linen and shoes should not, in principle, be regarded as State aid (Eco TLC)

Alain Ronzano • N° 4-2020

On 21 October 2020, the Court of Justice of the European Union delivered a judgment in Case C-556/19 (Société Eco TLC v Minister for Ecological and Solidarity Transition) following a reference for a preliminary ruling from the French Conseil d’État. At the heart of the present case is the (...)

15 Oct 2020 R

Taxes: Advocate General Kokott, considering that the State aid rules do not preclude taxation based on the turnover of undertakings according to a progressive scale, calls on the Court of Justice of the European Union to dismiss the European Commission’s appeals and confirm the judgments of the General Court of the European Union concerning the Polish tax in the retail sector and the Hungarian tax on advertising (Poland, Hungary)

Alain Ronzano • N° 4-2020

On 15 October 2020, Advocate General Juliane Kokott presented two sets of conclusions in essentially similar terms in two state aid cases concerning the introduction in Poland and Hungary respectively of two progressive taxes based not on profits but on turnover. These are the conclusions (...)

15 Oct 2020 R

Taxes: Advocate General Pitruzzella, recalling the rules of evidence to which the European Commission is subject when examining an aid scheme, calls on the Court of Justice of the European Union to censure the judgment of the General Court of the European Union which annulled the European Commission’s decision classifying as State aid the derogating tax regime of four Spanish professional football clubs (Fútbol Club Barcelona)

Alain Ronzano • N° 4-2020

On 15 October 2020, Advocate General Giovanni Pitruzzella presented his conclusions. in Case C-362/19 (Fútbol Club Barcelona v Commission) concerning the few professional football clubs in Spain which are exempt from conversion into sports limited companies Article 19(1) of Law 10/1990 on Sport (...)

15 Oct 2020 R

Compatible aid: The General Court of the European Union confirms that the compensation granted by the Czech Republic to the incumbent operator for the performance of its postal activities in the context of a universal service obligation did indeed constitute State aid compatible with the internal market (První novinová společnost)

Alain Ronzano • N° 4-2020

On 15 October 2020, the Court of First Instance of the European Union delivered a judgment in Case T-316/18 (První novinová společnost a.s. v. European Commission).. It dismisses the action brought by a postal operator competing with the Czech incumbent operator pošta against the Česká Commission (...)

13 Oct 2020 R

Covid-19: European Commission extends and expands temporary framework to support the economy in the context of the coronavirus epidemic

Alain Ronzano • N° 4-2020

On 13 October 2020 the European Commission adopted, after consultation with the Member States, a 4th amendment to the Temporary Crisis Framework of 19 March 2020, which had already been amended three times, on 3 April, 8 May and 29 June 2020. This amendment entails : The extension of the (...)

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 (...)

24 Sep 2020 R

Notion of SME: The European Court of Justice clarifies the definition of small and medium-sized enterprises within the meaning of the General Block Exemption Regulation, in particular the concept of independence in this context (NMI Technologietransfer / EuroNorm)

Jacques Derenne, Ciara Barbu-O’Connor • N° 4-2020 • pp. 181-183

On 24 September 2020, the Court of Justice delivered a preliminary ruling (on a reference from the Berlin Administrative Court) on the definition of small and medium-sized enterprises ("SMEs") within the meaning of Article 3(4) of Annex I to Regulation No 651/2014 declaring certain categories (...)

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 (...)

23 Sep 2020 R

State aid scheme: The General Court of the European Union confirms, after having seen a first judgment overturned by the Court of Justice, a decision of the European Commission declaring the Spanish tax leasing scheme set up for the financing and acquisition of ships illegal and incompatible with the internal market (Spain / Commission)

Raphaël Vuitton • N° 4-2020 • pp. 190-192

The contentious series relating to the Spanish tax leasing scheme ("RELF"), which began in 2013, has just seen a new episode in the form of a judgment of the Court of First Instance of 23 September 2020. Before examining this judgment, it should be recalled that RELF is based on a complex (...)

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 (...)

22 Sep 2020 R

Compatible aid: The Court of Justice of the European Union confirms the legality of a decision authorizing aid for the promotion of nuclear energy and finds that the compatibility of aid under Article 107(3)(c) is not conditional on the pursuit of an objective of common interest (Hinkley Point C)

Bruno Stromsky • N° 4-2020 • pp. 179-181

The Court’s judgment of 22 September on appeal is not limited to confirming the first instance judgment which had dismissed Austria’s action for annulment of the Commission’s decision authorising the disputed aid to the "Hinkley Point" nuclear power plant as compatible with the internal market (...)

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 (...)

17 Sep 2020 R

Incompatible aid: The Court of Justice of the European Union declares the European Commission’s 2004 decision stating that the aid granted in the form of relief from social security contributions following the Erika disaster was illegal and incompatible with the common market, while it was seized of a request for interpretation of the terms and conditions for implementing this decision (Compagnie des pêches de Saint-Malo)

Raphaël Vuitton • N° 4-2020 • pp. 177-178

In order to alleviate the consequences of the oil slick caused by the sinking of theErika in the Bay of Biscay on 12 December 1999 and the damage caused by the storm Lothar on 27 and 28 December 1999, France adopted support measures for fishermen and fish farmers in April and July 2000. These (...)

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 (...)

9 Sep 2020 R

Notion of SME: The General Court of the European Union annuls a decision of the European Commission rejecting a complaint for misapplication of a block exemption regulation by finding that it misinterpreted the concept of small and medium-sized enterprises (Kerkosand)

Bruno Stromsky • N° 4-2020 • pp. 189-190

While the vast majority of new aid schemes (almost 95% according to 2019 figures) are covered by a block exemption regulation, the question of the correct application and interpretation of the provisions of these regulations becomes even more acute. Complaints are thus lodged with the (...)

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 (...)

3 Sep 2020 R

SGEI: The Court of Justice of the European Union confirms the annulment of a decision of the European Commission declaring an aid for the acquisition of land granted to nature protection organizations that carried out secondary economic activities compatible with the internal market (Vereniging tot Behoud van Natuurmonumenten in Nederland)

Bruno Stromsky • N° 4-2020 • pp. 176-177

At first instance, the Court of First Instance had annulled a Commission decision of 2015 which, following a first-phase examination, declared aid granted by the Netherlands to nature conservation organisations compatible with the internal market under Article 106(2) TFEU. These organisations (...)

22 Jul 2020 R

Illegal aid: The French Supreme Administrative Court condemns the State to pay a sum of 10 million euros to a company harmed by the granting of an illegal aid to a competitor (SIDE)

Francesco Martucci, Anne-Clémence Laprée • N° 4-2020 • pp. 195-196

By a decision dated 22 July 2020, the Conseil d’État confirmed compensation for damage suffered by a company affected by unlawful State aid paid to a competitor. This judgment is the culmination of the CELF saga which began in 1992 concerning aid measures granted by the French authorities to a (...)

21 Jul 2020 R

State aid scheme: The Court of Justice of the European Union rejects an appeal against the order of the General Court dismissing an action against the European Commission’s decision on the Spanish aid scheme for the production of electricity from renewable energy sources (Abaco Energy)

Raphaël Vuitton • N° 4-2020 • p. 184

In a decision of 10 November 2017, the Commission found that there were no grounds for objection to the aid scheme introduced by the Spanish authorities in 2013 for the production of electricity from renewable energy sources. The scheme was intended to replace a previous aid scheme introduced (...)

15 Jul 2020 R

Tax rulings: 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 (...)

15 Jul 2020 R

Tax ruling: The General Court of the European Union annuls a decision of the European Commission on Irish tax rulings for lack of evidence of an advantage (Apple)

Jacques Derenne, Caterina Romagnuolo • N° 4-2020 • pp. 184-189

Continuation of the saga of tax ruling / tax rescripts and state aid cases. After the annulment of the ’excess profits’ decision (Belgium - judgment under appeal and annulled decision in the process of being overturned) and the ’Starbucks’ decision (Netherlands - no overhaul in sight), it is now (...)

10 Jul 2020 R

Incompatible aid: The French Supreme Administrative Court reiterates the impossibility of holding the State liable for the damage suffered by a company receiving incompatible State aid (Valette)

Francesco Martucci, Anaëlle Sérani • N° 4-2020 • pp. 194-195

In a judgment dated 10 July 2020, the Conseil d’État confirmed its case law ruling that a company receiving incompatible aid may not claim that the State is liable for the payment of that aid. In the present case, it dismissed the appeal brought by EARL Valette in proceedings relating to the (...)

3 Jul 2020 R

State aid scheme: The General Court of the European Union dismisses an action brought against a decision of the European Commission relating to the Greek aid scheme of 2014 for the production of electricity from renewable energy sources (Solar Ileias Bompaina)

Raphaël Vuitton • N° 4-2020 • p. 184

In a decision of 10 October 2018, the Commission found that there were no grounds for objection to the Greek aid scheme introduced in 2014 for installations using renewable energy sources and high-efficiency combined heat and power. In particular, the scheme aimed at modifying the previous (...)

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 (...)

25 Jun 2020 R

Recovery: The French Supreme Administrative Court applies the CELF case law in a contractual dispute (Département de Seine-Saint-Denis)

Francesco Martucci, Chloé Calvez • N° 4-2020 • pp. 192-194

In a judgment dated 25 June 2020, the Conseil d’État applied the CELF case law (CJCE, GC, 12 Feb. 2008, Centre d’exportation du livre français (CELF), aff. C-199/06, EU:C:2008:79). In the context of a contractual dispute, it draws all the consequences of the Commission’s declaration of compatibility (...)

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 (...)

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