CASE COMMENTS: STATE AIDS - NOTION OF AID – IMPUTABILITY TO THE STATE – GUARANTEE

Imputability : The Court of Justice of the European Union considers that the imputability of a measure to the State is not excluded by the mere fact that the managing director of a public undertaking granted guarantees to another undertaking in breach of the internal rules of the former undertaking and without its knowledge (Commerz Nederland, Havenbedrijft Rotterdam)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In the context of a preliminary question, the Court was led to clarify the concept of imputability of a measure to the State and the meaning of its leading judgment on the subject, the Stardust judgment (judgment of the Court of 16 May 2002 in Case C-482/99 France v Commission). The atypical context of the case This question arose in an atypical context: the sole administrator of the Rotterdam port undertaking ('HbR') granted guarantees to a Dutch group ('RDM'). However, this director acted arbitrarily, deliberately kept the granting of these guarantees secret and disregarded the articles of association of the public undertaking by not first seeking the

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  • European Commission - Legal Service (Brussels)

Quotation

Bruno Stromsky, Imputability : The Court of Justice of the European Union considers that the imputability of a measure to the State is not excluded by the mere fact that the managing director of a public undertaking granted guarantees to another undertaking in breach of the internal rules of the former undertaking and without its knowledge (Commerz Nederland, Havenbedrijft Rotterdam), 17 September 2014, Concurrences N° 1-2015, Art. N° 71349, pp. 151-152

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