The EU Commission finds that Hungarian investment in a port’s infrastructure is compatible State aid (Port of Baja)

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Connecting Public and Private Infrastructure* Public funding of public infrastructure is not State aid. Public funding of connections between public and private infrastructure is not State aid as long as it is open to all users and no fee is charged. Introduction Last week’s article examined the use of a port facility. This week the focus is on a related issue: investment in port infrastructure and connections with the public road and rail networks. The investment took place at the Port of Baja in Hungary. What makes this case a bit unusual is that the aid that was granted was approved on the basis of Article 93 TFEU, rather than the more “normal” basis of Article 107(3)(c) TFEU. But Commission decision SA.39177 also contains other useful guidance and therefore deserves a more

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