Market economy investor: The Court of Justice of the European Union confirms the existence of overcompensation of a freeway concessionaire following the elimination of the double taxation of heavy goods vehicles (Autostrada Wielkopolska)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On November 11, 2021, the Court of Justice dismissed the appeal of the concessionary undertaking for a section of the A2 freeway in Poland [Autostrada Wielkopolska, hereinafter "AW"] against the judgment delivered on October 24, 2019 by the General Court in Case T-778/17(Autostrada Wielkopolska S.A. v. Commission; observations Jacques Derenne, Concurrences no. 1-2020, pp. 135-137). The judgment undertaken by the General Court had dismissed an appeal against a Commission decision of August 25, 2017, which found the existence of State aid incompatible with the internal market. The Court confirms, however, by way of substitution of reasons, that even in the

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

Quotation

Jacques Derenne, Dimitris Vallindas, Market economy investor: The Court of Justice of the European Union confirms the existence of overcompensation of a freeway concessionaire following the elimination of the double taxation of heavy goods vehicles (Autostrada Wielkopolska), 11 November 2021, Concurrences N° 1-2022, Art. N° 105663, pp. 143-145

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