CASE COMMENTS: STATE AID – EUROPEAN UNION – PRIVATE OPERATOR IN A MARKET ECONOMY – CONCESSION

Existing aid: The General Court of the European Union confirms a negative European Commission’s decision while the Member State concerned and the beneficiary supported divergent views as to the existence of aid in the circumstances (Autostrada Wielkopolska)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The case in question concerns a concession, prior to Poland's accession to the European Union, for the construction and operation of a toll motorway for a period of forty years. In return for its costs and risks, the concessionaire (Autostrada Wielkopolska) was entitled to collect the tolls paid by the users of the motorway within the limits of maximum tariffs defined by vehicle category. Background and Commission Decision Tolls were the main source of revenue for the concessionaire, who could set them within the limits defined by the concession contract. Poland also undertook in the concession contract to compensate the concessionaire for any action that

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  • Sheppard, Mullin, Richter & Hampton (Brussels)

Quotation

Jacques Derenne, Existing aid: The General Court of the European Union confirms a negative European Commission’s decision while the Member State concerned and the beneficiary supported divergent views as to the existence of aid in the circumstances (Autostrada Wielkopolska), 24 October 2019, Concurrences N° 1-2020, Art. N° 93356, pp. 135-137

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