CASE COMMENTS: STATE AIDS – EUROPEAN CASELAW – ADVANTAGE – PRIVATE INVESTOR TEST – ACCESS TO DOCUMENTS

Advantage: The General Court of the European Union considers that the European Commission could not demonstrate the presence of an advantage for an air carrier resulting from an investment made by airport solely on the basis of a Member State unsubstantiated declaration attributing the investment costs to that carrier (Germanwings)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. This judgment of the Court of First Instance contains, in particular, interesting clarifications as to how the Commission may or may not rely on the statements of the Member States in the analysis of the prudent private investor test. Zweibrücken public airport has renovated its terminal, which has been extended and modernised ('the new terminal'); in addition, new check-in counters and car parks have been built and the number of staff at the airport has increased. At the same time, it concluded airport service agreements with various airlines, setting, inter alia, the amount of airport charges due for the use of the airport. One of these companies was

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  • European Commission - Legal Service (Brussels)

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Bruno Stromsky, Advantage: The General Court of the European Union considers that the European Commission could not demonstrate the presence of an advantage for an air carrier resulting from an investment made by airport solely on the basis of a Member State unsubstantiated declaration attributing the investment costs to that carrier (Germanwings), 27 April 2017, Concurrences N° 3-2017, Art. N° 84557, pp. 121-123

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