Article published on Lexxion State Aid Blog.
The Flexible Boundary between Economic and Non-economic Activities (part I)* This is a rather long posting divided into two parts both of which deal with the concept of economic activity. In part I, I analyse two cases outside the field of State aid that dealt with the concepts of undertaking and economic activity. Both of them originated in legal proceedings initiated before Austrian courts. In part II, I examine a Commission decision which is likely to be quoted extensively in the foreseeable future. There is no other comparable decision in recent memory where the Commission went to greater lengths to investigate whether certain activities were economic or not. This decision is notable for another reason. It concerns the only case I am aware of where the Commission accepted that it
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