CASE COMMENTS: STATE AIDS - EUROPEAN UNION - COURT OF JUSTICE - EXPORT-CREDIT INSURANCE - IMPUTABILITY TO THE STATE - PRIVATE INVESTOR TEST

Imputability to the state: The Court of Justice of the European Union rules that criteria of imputability to the State of a public undertaking measure and of private investor are two distinct criteria and that imputability to the State can be inferred from a set of indicators, without there having to be shown a concrete incentive from public authorities (Servizi assicurativi del commercio estero (SACE) et Sace BT)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. By its judgment of 23 November 2017, the Court of Justice dismissed an appeal by Servizi assicurativi del commercio estero SpA (SACE) and Sace BT SpA against the judgment of the Court of First Instance of 25 June 2015 (Case T-305/13 ; see J. Derenne and D. Dauchez) which had annulled, very partially, a Commission decision of 20 March 2013 concerning measures taken by Italy in 2004 and 2009 in favour of Sace BT SpA (SA.23425, OJ 2014 L 239, p. 24). The case concerns the short-term export credit insurance business (see Commission Communication on Export Credit Insurance in force at the time, OJ 1997, C 281, p. 4; amended in 2001 (OJ 2001, C 217, p. 2) and

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  • Sheppard, Mullin, Richter & Hampton (Brussels)

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Jacques Derenne, Imputability to the state: The Court of Justice of the European Union rules that criteria of imputability to the State of a public undertaking measure and of private investor are two distinct criteria and that imputability to the State can be inferred from a set of indicators, without there having to be shown a concrete incentive from public authorities (Servizi assicurativi del commercio estero (SACE) et Sace BT), 23 November 2017, Concurrences N° 1-2018, Art. N° 85943, pp. 136-138

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