CASE COMMENTS: STATE AIDS - SELECTIVITY – OPENING OF THE FORMAL PROCEDURE OF INVESTIGATION

Selectivity : The General Court of the European Union annuls a decision to open formal proceedings concerning an aid resulting from the setting of airport fees, because this aid would not be selective, since it applies to all airport companies using the airport (Hansestadt Lübeck)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The judgment of the Hansestadt Lübeck Tribunal may come as a great surprise for at least two reasons: on the one hand, it annuls a decision to initiate the formal investigation procedure, which is rare. Appeals against such decisions are quite often inadmissible and, where they are admissible, the criteria for the legality of opening decisions are much more flexible than for decisions not to raise objections to aid or for final decisions after the opening of the formal investigation procedure. This is because opening decisions set out the Commission's doubts and are the result of a simple preliminary analysis; the Commission does not therefore need to be

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  • European Commission - Legal Service (Brussels)

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Bruno Stromsky, Selectivity : The General Court of the European Union annuls a decision to open formal proceedings concerning an aid resulting from the setting of airport fees, because this aid would not be selective, since it applies to all airport companies using the airport (Hansestadt Lübeck), 9 September 2014, Concurrences N° 4-2014, Art. N° 69991, pp. 198-199

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