CASE COMMENT : STATE AID - STATE AID CONCEPT - ADVANTAGE NOTION - ALTMARK CASE LAW - POLICY OF SELLING BELOW COST IN THE DOOR-TO-DOOR PARCEL DELIVERY SECTOR

Altmark: The CFI holds that objective character of the State aid concept commands the use of a strict methodology and the procedural rules (Deutsche Post)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CFI, 1 July 2008, Deutsche Post AG v. Commission, Case T-266/02 This is a new decision formally addressing the question of the qualification of measures presented by the State and by the beneficiary as compensation for additional costs linked to charges for services of general economic interest. The Court's decision is noteworthy because it shows that the Commission cannot, on the basis of an apparently relevant functional reasoning, make presumptions without taking into account the requirements of the procedural rules and the rights of defence of the Member State concerned and by availing itself of a freedom of appreciation in the choice of the method

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Jean-Yves Chérot, Altmark: The CFI holds that objective character of the State aid concept commands the use of a strict methodology and the procedural rules (Deutsche Post), 1 July 2008, Concurrences N° 4-2008, Art. N° 22186, pp. 111-112

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