CASE COMMENTS: STATE AID - EUROPEAN UNION - STATE RESOURCES - MARKET ECONOMY OPERATOR

State resources: The Court of Justice of the European Union dismisses an appeal against a judgment of the General Court of the European Union upholding a decision of the European Commission declaring unlawful and incompatible aid resulting from increases in the capital of a ground-handling company carried out by the manager of an airport owned by a public entity (Comune di Milano)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 10 December 2020, the Court held, on appeal, that the Court of First Instance was entitled to dismiss an action against a Commission decision applying the private investor test to aid granted in the form of increases in the capital of a company responsible for groundhandling at two airports. Background The Judgment of the Tribunal in this case was commented upon in 2019 (see Dimitris Vallindas & Jacques Derenne, No. 1-2019, pp. 151-155) and we will refer to it for the bulk of the facts. They concerned capital increases made by SEA (the company managing the airports of Milan-Linate and Milan-Malpensa, the 'airports concerned') in favour of Sea

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Authors

  • Sheppard, Mullin, Richter & Hampton (Brussels)
  • Sheppard, Mullin, Richter & Hampton (Brussels)

Quotation

Jacques Derenne, Ciara Barbu-O'Connor, State resources: The Court of Justice of the European Union dismisses an appeal against a judgment of the General Court of the European Union upholding a decision of the European Commission declaring unlawful and incompatible aid resulting from increases in the capital of a ground-handling company carried out by the manager of an airport owned by a public entity (Comune di Milano), 10 December 2020, Concurrences N° 1-2021, Art. N° 99172, pp. 169-170

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