CASE COMMENTS: STATE AIDS – PUBLIC STATUS OF AN INSTITUTION – UNLIMITED AND IMPLIED – STANDARD OF PROOF

Unlimited and implied State guarantee: The General Court of the European Union partially annuls the Commission’s decision qualifying as State aid the unlimited implied guarantee granted to the French Petroleum Institute (France and IFP Energies Nouvelles)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Background In its judgment of 26 May 2016, the Court of First Instance was again called upon to rule on the specific features of the French legal status of public industrial and commercial establishments ("EPICs"). These establishments have the particularity, as legal persons governed by public law, of not being subject to insolvency proceedings by virtue of the general principle of unseizability of public assets (see our comments on the La Poste in concurrence judgment). At issue here was the change in the status of the Institut Français du Pétrole Énergies Nouvelles (hereinafter 'IFPEN'), which was set up as a legal person governed by private law

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Authors

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

Quotation

Marie Lagrue, Jacques Derenne, Unlimited and implied State guarantee: The General Court of the European Union partially annuls the Commission’s decision qualifying as State aid the unlimited implied guarantee granted to the French Petroleum Institute (France and IFP Energies Nouvelles) , 26 May 2016, Concurrences Nº 3-2016, Art. N° 80861, pp. 134-135

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