CASE COMMENTS: STATE AIDS - ADVANTAGE - NORMAL CHARGE

Notion of normal charge: The ECJ explains the notion of exceptional withdrawal right of shareholders (Enirisorse/Sotacarbo)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article.

The Court clarifies the concept of a normal charge in the case of a shareholder’s exceptional right of withdrawal

ECJ, 23 March 2006, Enirisorse, case C-237/04 It is clearly established that any financial intervention by the State which reduces the normal costs borne by undertakings constitutes an advantage within the meaning of Article 87 EC. In practice, however, the concept of normal costs is not always easy to define. The judgment referred to above provides useful clarifications in this respect. Under the Italian Civil Code,

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Jean-Yves Chérot, Notion of normal charge: The ECJ explains the notion of exceptional withdrawal right of shareholders (Enirisorse/Sotacarbo), 23 March 2006, Concurrences N° 2-2006, Art. N° 747, p. 117

Visites 5419

All reviews