Search results - Concurrences

12 May 2021 R

Taxes: The General Court of the European Union sharply reminds the European Commission that it is incumbent on it to establish the existence of an advantage where the level of taxable profits of a company integrated into a group is determined by the choice of a transfer pricing method (Amazon)

Alain Ronzano • N° 2-2021

By a judgment delivered on 12 May 2021 in Joined Cases T-816/17 (Luxembourg v. European Commission) and T-318/18 (Amazon EU and Amazon.com v. European Commission)the Seventh Chamber (Extended Composition) of the General Court of the European Union, presided over by Marc van der Woude, annulled (...)

5 May 2021 R

Annulment: The General Court of the European Union partially annuls the European Commission’s decision approving the compensation granted by Denmark to the Danish postal operator for its universal service obligation (ITD, Danske Fragtmænd)

Alain Ronzano • N° 2-2021

On 5 May 2021, the General Court of the European Union delivered a judgment in State aid case T-561/18 (ITD and Danske Fragtmænd v European Commission). In it, it partially annulled the decision of 28 May 2018 in which the Commission concluded that the compensation granted by Denmark to Post (...)

29 Apr 2021 R

Economic continuity: The Court of Justice of the European Union confirms that the authorisation given by the Slovak State to a bankrupt company, qualified as a strategic company, to continue its operations, constitutes State aid (Fortischem)

Alain Ronzano • N° 2-2021

Le 29 avril 2021, la Cour de justice de l’Union a rendu un arrêt dans l’affaire C-890/19 (Fortischem a.s. contre Commission européenne). La Cour y rejette le pourvoi introduit par l’opérateur auquel a été cédé l’essentiel des actifs d’une entreprise en faillite ayant obtenu l’autorisation par l’État (...)

29 Apr 2021 R

Energy: The Court of Justice of the European Union confirms the analysis of the General Court in the case of the LNG terminal intended to guarantee the security of Lithuania’s energy supply (Achemos, Achema)

Alain Ronzano • N° 2-2021

On 29 April 2021, the Court of Justice of the Union delivered a judgment in case C-847/19 (Achemos Grupė UAB and others v. European Commission). By the terms of this judgment, the Court confirms in all respects thejudgment delivered on 12 September 2019 by the General Court of the European (...)

29 Apr 2021 R

Interested party: Advocate General Pitruzzella considers that the judgment of the General Court of the European Union in the case of the sale of the assets of the Nürburgring motor racing circuit is vitiated by a failure to state reasons in various respects (Ja zum Nürburgring; NeXovation)

Alain Ronzano • N° 2-2021

On 29 April 2021, Advocate General Giovanni Pitruzzella delivered his Opinion incase C-647/19 (Ja zum Nürburgring eV v European Commission) and incase C-665/19 (NeXovation Inc. v European Commission) concerning the 2013 sale of the Nürburgring complex to a company in Rhineland-Palatinate. (...)

19 Apr 2021 R

Notification: The European Commission revises its guidelines on regional state aid

Alain Ronzano • N° 2-2021

On 19 April 2021, the European Commission adopted the revised EU Regional Aid Guidelineswhich set out the rules under which Member States may grant state aid to companies to support the economic development of disadvantaged areas in the EU, while ensuring a level playing field between Member (...)

14 Apr 2021 R

COVID-19: The General Court of the European Union confirms for the first time the legality of individual aid measures adopted to respond to the consequences of the pandemic (Ryanair)

Alain Ronzano • N° 2-2021

After having validated the aid schemes granted by France and Sweden only to airlines holding a national licence by two judgments delivered on 17 February 2021, the Court of First Instance of the European Union confirms for the first time, by means of two judgments delivered on 14 April 2021 in (...)

14 Apr 2021 R

COVID-19: The General Court of the European Union holds that a guarantee granted by Finland was necessary to remedy the serious disruption to the Finnish economy caused by the Covid-19 pandemic (Ryanair)

Alain Ronzano • N° 2-2021

By judgment of the same day in case T-388/20the Court of First Instance also validates the individual aid measure adopted by Finland to support its national airline, Finnair, in dealing with the consequences of the Covid-19 pandemic. The measure in question aims at helping Finnair to obtain a (...)

14 Apr 2021 R

Annulment: The General Court of the European Union annuls the decision by which the Commission decided not to raise objections to the Lithuanian scheme of aid to electricity producers from renewable energy sources (Achema, Lifosa)

Alain Ronzano • N° 2-2021

On 14 April 2021, the General Court of the European Union delivered a judgment in case T-300/19 (Achema AB and Lifosa AB v. European Commission)in which it annulled the Commission’s decision of 8 January 2019 concerning an aid scheme implemented by the Republic of Lithuania for the benefit of (...)

14 Apr 2021 R

State aid scheme: The General Court of the European Union upholds the Commission’s decision on aid schemes for charity associations for social assistance tasks based in the Land of Lower Saxony (Verband Deutscher Alten- und Behindertenhilfe, CarePool Hannover)

Alain Ronzano • N° 2-2021

On 14 April 2021, the General Court of the European Union delivered a judgment in case T-69/18 (Verband Deutscher Alten und Behindertenhilfe and CarePool Hannover v. European Commission). In that decision, the Court dismissed the action brought by residential establishments providing (...)

16 Mar 2021 R

Taxes: The Court of Justice of the European Union dismisses the appeals of the European Commission and confirms the judgments of the General Court of the European Union concerning the Polish tax in the retail sector and the Hungarian tax on advertising

Alain Ronzano • N° 2-2021

On 16 March 2021, the Court of Justice of the European Union, sitting as a Grand Chamber, delivered its judgments in the cases C-562/19 (European Commission v. Republic of Poland)and C-596/19 (European Commission v Hungary). The Court dismissed the two appeals lodged by the Commission and (...)

16 Mar 2021 R

Selectivity: The Court of Justice of the European Union confirms the annulment of decisions of the European Commission stating that progressive rate taxes on the turnover were selective and constituted State aids (Commission / Poland ; Commission / Hungary)

Bruno Stromsky • N° 2-2021 • pp. 135-137

In its judgments on appeal, the Court confirmed the analysis of the Court of First Instance (TFEU, 16 May 2019, Poland v Commission, T-836/16 and T-624/17, EU :T :2019 :338, Concurrences 3-19and TFEU, 27 June 2019, Hungary v Commission, T-20/17, EU :T :2019 :448), which had led to the annulment (...)

11 Mar 2021 R

Existing aid: Advocate General Pitruzzella calls on the Court of Justice of the European Union to confirm that measures for the financing of road and rail connections with the Danish hinterland granted in the framework of the Fehmarn Strait fixed rail-road link project between Germany and Denmark did not constitute State aid (Scandlines, Stena Line Scandinavia)

Alain Ronzano • N° 2-2021

On 11 March 2021, Advocate General Giovanni Pitruzzella delivered his conclusions in Joined Cases C-174/19 (Scandlines Danmark ApS and Scandlines Deutschland GmbH v European Commission) and C-175/19 (Stena Line Scandinavia AB v European Commission). It will be recalled that, with two judgments (...)

4 Mar 2021 R

Existing aid: The Court of Justice of the European Union has censured the judgment of the General Court of the European Union which had 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° 2-2021

On 4 March 2021, the Court of Justice of the Union delivered its judgment in Case C-362/19 (Fútbol Club Barcelona v Commission). concerning the few Spanish professional football clubs exempted from being converted into sports limited companies. It basically follows the conclusions of Advocate (...)

4 Mar 2021 R

Advantage: The Court of Justice of the European Union censures the judgment by which the General Court of the European Union annulled the decision of the European Commission declaring as illegal and incompatible State aid the tax advantage received by a Barcelonan professional football club (Fútbol Club Barcelona)

Raphaël Vuitton • N° 2-2021 • pp. 132-135

After the Court of First Instance had to deal with numerous appeals concerning State aid granted to Spanish professional football clubs (Trib. EU, 26 Feb 2019, Athletic Club, T-679/16, EU:T:2019:112, Trib. EU, 26 Feb 2019, Fútbol Club Barcelona, T-865/16, EU:T:2019:113, Trib. EU, 22 Mar 2019, (...)

3 Mar 2021 R

Postal services: The Court of Justice of the European Union has doubts as to whether the measure at issue in the case of management of the postal current account service for the collection of Italian municipal property tax (Poste Italiane / Riscossione Sicilia)

Alain Ronzano • N° 2-2021

On 2 March 2021 the Court of Justice of the European Union delivered a judgment in Joined Cases C-434/19 (Poste Italiane SpA v Riscossione Sicilia SpA) and C-435/19 (Agenzia delle entrate - Riscossione v Poste Italiane SpA) which follows two references for a preliminary ruling from the Italian (...)

3 Mar 2021 R

SGEI: The Court of Justice of the European Union rules that constitutes aid a national measure which requires agents responsible for collecting municipal property tax to hold a postal current account to collect that tax from the taxpayers and to pay a commission for the management of that current account (Poste Italiane / Riscossione Sicilia)

Jacques Derenne, Richard Masquelier • N° 2-2021 • pp. 131-132

The national disputes leading to the references for preliminary rulings in question concern a request for payment of fees sent by Poste Italiane to two concessionaires responsible for collecting a municipal property tax (l’imposta comunale sugli immobili, [’ICI’]) for the management of their (...)

2 Mar 2021 R

Existing aid: The Court of Justice of the European Union confirms that the support granted by an Italian private law consortium to one of its members was not imputable to the State (Banca Popolare di Bari a.o.)

Alain Ronzano • N° 2-2021

On 2 March 2021, the Court of Justice of the European Union delivered its judgment in Case C-425/19 (European Commission 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 use of State (...)

2 Mar 2021 R

State resources: The Court of Justice of the European Union confirms that a support granted by a consortium of banks to a bank in difficulty is not necessarily imputable to the State (Banca Popolare di Bari)

Bruno Stromsky • N° 2-2021 • pp. 129-131

The Court’s judgment of 2 March 2021 dismisses the Commission’s appeal against the judgment of the General Court in Tercas (Trib. EU, 19 March 2019, Italy, Banca Popolare di Bari (formerly Tercas Bank) and Others v Commission, T-98/16, T-196/16 and T-198/16, Concurrences No 2/2019). Following the (...)

24 Feb 2021 R

Interest in bringing proceedings: The General Court of the European Union declares admissible the action bondholders, issued in the context of the capital increase of an Italian bank, directed against the decision of the European Commission approving on the basis of the Article 107 (3) (b) TFEU, at the end of the preliminary examination phase, aids granted to this bank, in return of a restructuring plan and commitments offered by the Italian authorities (Braesch)

Raphaël Vuitton • N° 2-2021 • pp. 143-144

In 2008, the Italian bank Banca Monte dei Paschi di Siena ["BMPS"] carried out a capital increase fully underwritten by J. P. Morgan Securities ["JPM"], by means of so-called Fresh contracts. J. P. Morgan Securities obtained the necessary funds from a financial institution ["MUJF"], which (...)

23 Feb 2021 R

Reform: The European Commission intends to update the Communication on important projects of common European interest and launches a public consultation (IPCEI)

Alain Ronzano • N° 2-2021

On 23 February 2021, the European Commission launched a public consultation on a proposal for a targeted revision of the Communication on State aid for important projects of common European interest (the "PIIEC Communication").. Interested parties have until 20 April 2021 to respond to the (...)

17 Feb 2021 R

Covid-19: The General Court of the European Union dismisses the appeals against the decisions of the European Commission declaring compatible aid schemes granted by France and Sweden only to airlines holding a national licence (Ryanair)

Alain Ronzano • N° 2-2021

On 17 February 2021, the Court of First Instance of the European Union gave its first judgment for the first time, in two judgments delivered on the basis of an accelerated procedure, in cases T-238/20 (Ryanair DAC v. European Commission) and T-259/20 (Ryanair DAC v European Commission) on the (...)

17 Feb 2021 R

COVID-19 : The General Court of the European Union dismisses for the first time two actions for annulment of decisions of the European Commission approving aid schemes in favour of airlines under Article 107(2)(b) and (3)(b) TFEU respectively (Ryanair)

Jacques Derenne, Ciara Barbu-O’Connor, Richard Masquelier • N° 2-2021 • pp. 139-142

Since the beginning of the Covid-19 pandemic, more than 450 "no objections" decisions (decisions in preliminary examination phase) have been adopted by the Commission to approve aid schemes and individual aid notified by Member States (see, in particular, Jacques Derenne, Catalina Chilaru, (...)

28 Jan 2021 R

Covid-19: The European Commission prolongs and further expands the Temporary Framework to support the economy in the context of the coronavirus epidemic

Alain Ronzano • N° 2-2021

In view of the persistence and evolution of the coronavirus epidemic, the European Commission adopted on 28 January 2021, after consultation with the Member States, a 5th amendment to the Temporary State Aid Framework of 19 March 2020, which had already been amended four times, on 3 April, 8 (...)

28 Jan 2021 R

COVID-19: The European Commission amends its aid framework COVID-19 for the fifth time since March 2020

Jacques Derenne, Richard Masquelier • N° 2-2021 • pp. 127-128

On 19 March 2020, the European Commission adopted an interpretative communication on the application of Article 107(3)(b) TFEU (with elements touching on Articles 107(2)(b) and 107(3)(c) TFEU), entitled "Temporary Framework on State aid measures to support the economy in the current context of (...)

21 Jan 2021 R

Selectivity: Advocate General Pitruzzella calls on the Court of Justice of the European Union to dismiss the appeals seeking the annulment of the judgments of the General Court of the European Union confirming the selective nature of the Spanish scheme for deducting the acquisition of shareholdings in foreign companies (Sigma Alimentos Exterior)

Alain Ronzano • N° 2-2021

On 21 January 2021, Advocate General Giovanni Pitruzzella delivered a series of six Opinion incase C-50/19 (Sigma Alimentos Exterior, SL v. Commission), in Joined Cases C-51/19 and C-64/19 (World Duty Free Group, SA v Commission and Kingdom of Spain v World Duty Free Group, SA and Commission), (...)

20 Jan 2021 R

Action for damages: The General Court of the European Union dismisses the action brought by a complainant seeking compensation for the damage allegedly suffered as a result of the failure to initiate a formal investigation procedure against the measures implemented by the French authorities in favor of an investment fund (KC)

Raphaël Vuitton • N° 2-2021 • p. 143

In 2016, the Commission received a complaint concerning alleged non-notified State aid granted by the French authorities to an investment fund managed by a private company. Following numerous exchanges with the Commission, and in particular an indication by the Commission that it considered (...)

18 Jan 2021 R

Existing aid: The General Court of the European Union dismisses as inadmissible the action brought by a provider of digital support solutions for learning and teaching, directed against the decision of the European Commission declaring that the measures adopted by the German authorities in favor of a public company offering IT management services to higher education establishments constitute existing aid on the basis of Article 1 (b), (v) of the regulation 2015/1589 (Datenlotsen Informationssysteme)

Raphaël Vuitton • N° 2-2021 • p. 142

Following a complaint from Datenlotsen Informationssysteme (DI), a company offering digital support solutions for learning and teaching, the Commission opened a formal investigation into measures, in particular tax measures, adopted by the German authorities between 1976 and 2013 in favour of (...)

13 Jan 2021 R

State resources: The General Court of the European Union upholds the decision of the European Commission which had found that France had not implemented State aid through the financing of training courses leading to the certificate of aptitude for the safe operation of construction site machinery (Hacène Bezouaoui, HB Consultant)

Alain Ronzano • N° 2-2021

On 13 January 2021, the Court of First Instance of the European Union handed down a judgment in case T-478/18 (Hacène Bezouaoui and HB Consultant v. European Commission).. It dismisses the action brought against the Commission’s decision of 10 April 2018, in which it found that there was no (...)

13 Jan 2021 R

State resources: The General Court of the European Union considers that the French system for financing training for driving construction machinery does not constitute State aid, due to the lack of intervention by means of State resources (Bezouaoui, HB Consultant)

Raphaël Vuitton • N° 2-2021 • pp. 138-139

In accordance with the obligations arising from Union law on safety and health at work, employers must provide adequate training for their workers operating construction equipment. Background To this end, in France, the Caisse nationale de l’assurance maladie des travailleurs salariés (...)

30 Dec 2020 R

Recovery: The French Supreme Administrative Court draws the conclusions of a declaration of invalidity by the Court of Justice of the European Union of a decision of incompatibility (Compagnie des pêches de Saint-Malo)

Francesco Martucci • N° 2-2021 • pp. 144-145

In five rulings dated 30 December 2020, the French Council of State signed the epilogue to the saga of aid to fishermen hit by the Erika disaster and the 1999 storm. It rejected the appeal lodged by the Minister of Agriculture against a decision of the Administrative Court of Appeal annulling a (...)

30 Dec 2020 R

Effect on trade: The French Supreme Administrative Court holds that a support to home care services did not affect trade between Member States

Francesco Martucci • N° 2-2021 • p. 146

In a judgment dated 30 December 2020, the Conseil d’État applied the criterion of affecting trade between Member States in order to rule out the classification as State aid within the meaning of Article 107(1) TFEU. In the present case, the applicant challenged the legality of a provision of (...)

21 Dec 2020 R

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

Alain Ronzano • N° 1-2021

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° 1-2021

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° 1-2021

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 (...)

17 Dec 2020 R

SGEI: The Court of Justice of the European Union confirms the compatibility with the internal market of a universal public service obligation compensation granted to a post office, although there was no call for tender (Inpost Paczkomaty)

Bruno Stromsky • N° 1-2021 • pp. 170-171

The judgment of the Court of 17 December 2020 clarifies the interpretation of several provisions of the 2011 Framework applicable to aid in the form of public service compensation and confirms the wide margin of manoeuvre available to Member States in this area, even in the presence of a (...)

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° 1-2021

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 (...)

10 Dec 2020 R

State resources: The Court of Justice of the European Union dismisses an appeal against a judgment of the General Court of the European Union upholding a decision of the European Commission declaring unlawful and incompatible aid resulting from increases in the capital of a ground-handling company carried out by the manager of an airport owned by a public entity (Comune di Milano)

Jacques Derenne, Ciara Barbu-O’Connor • N° 1-2021 • pp. 169-170

On 10 December 2020, the Court held, on appeal, that the Court of First Instance was entitled to dismiss an action against a Commission decision applying the private investor test to aid granted in the form of increases in the capital of a company responsible for groundhandling at two airports. (...)

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° 1-2021

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 (...)

2 Dec 2020 R

Jurisdiction: The French Supreme Court confirms that unlawful State aid is matter for ordinary Courts (Cherbland combustibles)

Francesco Martucci, Pauline Gagnier • N° 1-2021 • pp; 178-180

In a decision dated December 2, 2020, the French Supreme Court overturned the decision of the Lyon Court of Appeal handed down in one of the many disputes relating to the moratorium decree of December 9, 2010 suspending the mechanism of electricity feed-in tariffs in the photovoltaic production (...)

27 Nov 2020 R

De minimis aid: The Italian Supreme Court overturns a lower Court judgment for not having controlled the de minimis ceiling (P. SPA in A.S)

Francesco Martucci • N° 2-2021 • p. 146

By an order dated 27 November, the Italian Court of Cassation condemned a lower court for not correctly applying the de minimis state aid rule. The applicant company had challenged the administration’s refusal of a tax deduction on the grounds that the de minimis aid ceiling had been exceeded. (...)

24 Nov 2020 R

Effet utile: The Court of Justice of the European Union considers that the national court is obliged to order the beneficiary of aid to pay interest for the period during which the aid was unlawful, even if it has subsequently been declared compatible with the internal market (Viasat Broadcasting UK / TV2/Danmark)

Alain Ronzano • N° 1-2021

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

Alain Ronzano • N° 1-2021

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 (...)

12 Nov 2020 R

Guidelines: The European Commission launches a public consultation relating to the revision of the Energy and Environmental State aid guidelines

Raphaël Vuitton • N° 1-2021 • p. 178

The Commission has started the procedure to revise its guidelines on state aid for environmental protection and energy, which were adopted in 2014 and whose application has been extended by one year until 31 December 2021. To this end, after publishing an impact assessment in October 2020 (...)

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° 1-2021

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 amount: 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° 1-2021

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 (...)

28 Oct 2020 R

De minimis amount: The Court of Justice of the European Union rules that the de minimis aid Regulation does not preclude a Member State from allowing aid applicants to amend their application for aid so as not to exceed the de minimis ceiling, provided that the amendment is made before the de minimis aid is granted (INAIL)

Jacques Derenne, Caterina Romagnuolo • N° 1-2021 • p. 168

This case concerns Articles 3 and 6 of Regulation 1407/2013 of 18 December 2013 [" de minimisRegulation"]. Background Zennaro Giuseppe Legnami ["the company"] complained of the refusal by the National Institute for Insurance against Accidents at Work in Italy ["INAIL"] to pay financing in its (...)

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° 1-2021

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° 1-2021

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 (...)

21 Oct 2020 R

State resources: The Court of Justice of the European Union considers that the financial support paid, within the framework of the French increased producer responsibility system, to operators in charge of treating waste from textile products does not constitute a State aid scheme (Eco TLC)

Raphaël Vuitton • N° 1-2021 • pp. 166-167

In order to implement the polluter pays principle in the field of waste management, the European Union adopted Directive 2008/98/EC (OJ 2008 L 312, p. 3). This Directive establishes a system of extended producer responsibility, whereby producers of products take financial and, where (...)

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