CASE COMMENTS: STATE AIDS - SPECIAL FEES – SELECTIVE NATURE

Special fees regime : The Court of Justice of the European Union confirms that the subsequent increase in the fees applicable in the hydrocarbons’ extraction sector does not materialise a selective advantage for an undertaking who benefited from lower rates in application of a special regime indistinctively applicable to all undertakings operating in the sector and rejects the appeal lodged by the Commission (Commission/MOL)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. It is no doubt useful to provide a brief review of the very specific legislative and treaty framework at the origin of this case. The case concerns an extension agreement concluded in 2005 between the Hungarian authorities and a mining company, MOL, to allow it to extend the initial permit obtained for the exploitation of deposits not yet exploited against payment of a special royalty rate (a higher rate than that provided for in the case of direct exploitation). This rate is nevertheless lower than the royalty rate outside the extension agreement, modified by a new law of 2007 (which came into force on 8 January 2008), applicable to deposits brought into

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Authors

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

Quotation

Jacques Derenne, David Dauchez, Special fees regime : The Court of Justice of the European Union confirms that the subsequent increase in the fees applicable in the hydrocarbons’ extraction sector does not materialise a selective advantage for an undertaking who benefited from lower rates in application of a special regime indistinctively applicable to all undertakings operating in the sector and rejects the appeal lodged by the Commission (Commission/MOL), 4 June 2015, Concurrences N° 3-2015, Art. N° 75091, pp. 137-138

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