CASE COMMENTS: STATE AIDS – RECAPITALISATION – ECONOMIC CONTINUITY – MARKET PRIVATE INVESTOR TEST

Restructuring aid: The General Court of the European Union confirms that restructuring aid and other measures granted by a national railway company to its subsidiary constitute incompatible aid and misuse of approved aid (SNCF / Commission)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Factual and legal context The Court of First Instance dismisses the action brought by the Société nationale des chemins de fer française (SNCF) against the Commission's decision of 9 March 2012 ('Sernam 3 decision', No 2012/398/EU) and, at the same time, confirms the reasoning followed by the Commission. The Sernam 3 decision declares incompatible with the internal market a series of aids granted to Sernam, a subsidiary of SNCF which, at the time the disputed aids were granted, was engaged in courier and express parcel, pallet and road transport activities. Without going back over the details of Sernam's evolution, it is sufficient here to recall the

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  • Sheppard, Mullin, Richter & Hampton (Brussels)

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Jacques Derenne, Restructuring aid: The General Court of the European Union confirms that restructuring aid and other measures granted by a national railway company to its subsidiary constitute incompatible aid and misuse of approved aid (SNCF / Commission) , 12 December 2015, Concurrences N° 2-2016, Art. N° 78980, pp. 151-153

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