CASE COMMENTS : STATE AID – CONCEPT OF “UNDERTAKING” – ECONOMIC ACTIVITY – AIRPORT INFRASTRUCTURE- CONSTRUCTION – RUNWAY

Concept of undertaking: The Court of Justice rules that airport operators have to subsidise on their own resources the costs of the infrastructures which are the basis of their economic activity, if the activity of constructing is not linked, as such, to the exercise of State authority (Mitteldeutsche Flughafen and Flughafen Leipzig)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 19.12.12, Mitteldeutsche Flughafen and Flughafen Leipzig v Commission, C-288/11P The major judgment delivered by the Court of First Instance on 24 March 2011 in Joined Cases T-443/08 and T-455/08 will certainly be remembered.. For the first time, the Court of First Instance ruled on the application of the aid discipline to the construction of airport infrastructure and confirmed the Commission's analysis that the financing of that construction by the State was liable to constitute State aid. Although this reasoning applied in the present case to airport infrastructure, it was transposable to the construction of other infrastructure, often considered

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  • European Commission - Legal Service (Brussels)

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Bruno Stromsky, Concept of undertaking: The Court of Justice rules that airport operators have to subsidise on their own resources the costs of the infrastructures which are the basis of their economic activity, if the activity of constructing is not linked, as such, to the exercise of State authority (Mitteldeutsche Flughafen and Flughafen Leipzig), 19 December 2012, Concurrences N° 1-2013, Art. N° 50672, pp. 149-151

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