STATE AIDS: PUBLIC STATUS OF AN INSTITUTION – UNLIMITED AND IMPLICIT GUARANTEE BY THE STATE – STANDARD OF PROOF

Public institutions : The Court of Justice of the European Union confirms that the implicit guarantees inherent to the status of a public institution of an industrial and commercial nature qualified as an incompatible State aid (France / Commission)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Changes in the legal status of La Poste Let us briefly recall the evolution of the legal status of La Poste. By an Act of 2 July 1990 the former Directorate-General for Posts and Telecommunications was split into two legal persons governed by public law: France Télécom and La Poste. By a judgment of 18 January 2001 (C. Cass, 2nd civ., 18 January 2001), the Court of Cassation had assimilated La Poste to a public establishment of an industrial and commercial nature (hereinafter referred to as 'EPIC'). This EPIC status rendered insolvency and bankruptcy proceedings under ordinary law inapplicable and made La Poste subject to Law No 80-539 of 16 July 1980, which

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Authors

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

Quotation

Jacques Derenne, Mélanie Pérez, Public institutions : The Court of Justice of the European Union confirms that the implicit guarantees inherent to the status of a public institution of an industrial and commercial nature qualified as an incompatible State aid (France / Commission) , 3 April 2014, Concurrences N° 3-2014, Art. N° 68352, pp. 146-148

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