CASE COMMENTS: STATE AID – EUROPEAN UNION – PRIVATE OPERATOR TEST – BURDEN OF PROOF – LIMITS OF JUDICIAL REVIEW

Private operator: The Court of Justice of the European Union confirms the conditions of implementation of the private operator principle by the European Commission and the review to be carried out by the judge in this regard (BTB / Duferco)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In the final stage of the dispute concerning the aid granted to the Belgian steel group Duferco, the Court was called upon to clarify the conditions for the implementation by the Commission of the principle of the private operator and the review which the court must carry out in that regard. As regards the circumstances leading to the judgment under comment, it will be briefly recalled that the Duferco group received, in various forms, support of more than EUR 500 million between 2003 and 2011 from an entity set up by the Walloon authorities. Following the opening of a formal investigation into this support, the Commission adopted on 20 January 2016

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  • European Court of Justice (Luxembourg)

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Raphaël Vuitton, Private operator: The Court of Justice of the European Union confirms the conditions of implementation of the private operator principle by the European Commission and the review to be carried out by the judge in this regard (BTB / Duferco), 7 May 2020, Concurrences N° 3-2020, Art. N° 96320, pp. 138-140

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