CASE COMMENTS: STATE AID - NOTION OF STATE AID - ADVANTAGE

Notion of State Aid (advantage): The CFI holds that measures aiming at the replacement of the status of officials with the status of employees on a contract basis do not constitute State aid because they only free the company from a structural disadvantage it has in relation to its private-sector competitors (Danske)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – CFI, 16 March 2004, Danske Busvognmænd v Commission, Case T-157/01. An undertaking is liable to receive State aid within the meaning of Article 87(1) when the State confers an 'advantage' on it. The Court of First Instance provided important clarifications on this concept in its Danske judgment of 16 March 2004 (see not. L. IDOT, com., Europe, May 2004, No. 146). This case concerns the possible advantages granted by the Danish State to the company Combus, created to replace the Danish Railways in the management of the public bus transport activity. When it was set up, Combus had, on the one hand, contract staff and, on the other

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • European Commission (Brussels)

Quotation

Alain Alexis, Notion of State Aid (advantage): The CFI holds that measures aiming at the replacement of the status of officials with the status of employees on a contract basis do not constitute State aid because they only free the company from a structural disadvantage it has in relation to its private-sector competitors (Danske), 16 March 2004, Concurrences N° 1-2004, Art. N° 12056, pp. 81-82

Visites 4269

All reviews