CASE COMMENT : STATE AID - ENVIRONMENTAL CONSERVATION – NOTION OF UNDERTAKING – ANCILLARY ACTIVITY – NOTION OF ADVANTAGE – FOURTH ALTMARK CRITERION
Notion of undertaking: The General Court clarifies that a secondary activity performed by an entity whose main activity is not economic might be economic, unless those activities are indivisible
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This very interesting judgment of the Court of First Instance recalls and clarifies the contours of the concept of undertaking and economic activity, in particular where the activity under examination is secondary or even ancillary to a principal activity which is not economic.
The facts at the root of the dispute were essentially as follows: Germany had notified the Commission, for reasons of legal certainty, of two environmental measures, one aimed at transferring up to 125 000 hectares of national natural heritage land free of charge, with the beneficiaries being responsible for its conservation, and the other aimed at financing major environmental
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