CASE COMMENTS: STATE AID – EUROPEAN UNION – LEISURE PORT INFRASTRUCTURES – TRADE BETWEEN MEMBER STATES – ABSENCE OF EFFECT

Effect on trade: The General Court of the European Union confirms a decision of the European Commission concluding to the absence of State aid for the sole reason of absence of effect on trade between Member States (Marinvest and Porting)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. This judgment is interesting because it addresses an issue rarely clarified by the case law: the limits of the condition affecting trade between Member States for the existence of State aid under Article 107(1) TFEU. The Commission had adopted a decision concluding that no aid was involved on the basis of this condition alone by rejecting a complaint against state measures in Slovenia. The complainants had contested that decision and the Court of First Instance dismissed the actions, confirming the Commission's position. It should be noted that, in the interests of procedural economy, the Court of First Instance dismissed the actions on the merits without

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  • Sheppard, Mullin, Richter & Hampton (Brussels)

Quotation

Jacques Derenne, Effect on trade: The General Court of the European Union confirms a decision of the European Commission concluding to the absence of State aid for the sole reason of absence of effect on trade between Member States (Marinvest and Porting), 14 May 2019, Concurrences N° 3-2019, Art. N° 91594, pp. 132-134

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