CASE COMMENTS: STATE AID - NOTION OF STATE AID - STATE RESOURCES

Notion of state aid: The General Court of the European Union annuls a decision of the European Commission according to which the non-imposition of a fine for failure to comply with a deposit obligation on certain drinks packaging sold by German border shops to Danish residents does not constitute aid (Dansk Erhverv)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Commission adopted on 4 October 2018 a decision (SA.44865) concluding that no aid was involved for a German measure in favour of beverage stores located on the German border. Background It concerned the non-imposition of a deposit obligation on certain drinks packaging sold by German border shops to Danish residents. Two of Denmark's border Länder (Schleswig-Holstein and Mecklenburg-Western Pomerania) have introduced a system which waives the levying of the deposit provided for by a German federal provision, together with the resulting VAT, on certain one-way drinks packaging (cans) which distributors are obliged to charge to their customers, where the

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Jacques Derenne, Richard Masquelier, Notion of state aid: The General Court of the European Union annuls a decision of the European Commission according to which the non-imposition of a fine for failure to comply with a deposit obligation on certain drinks packaging sold by German border shops to Danish residents does not constitute aid (Dansk Erhverv), 9 June 2021, Concurrences N° 3-2021, Art. N° 102037, pp. 154-155

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