Article published on Lexxion State Aid Blog.
A Case of Public Funding of Infrastructure that Does not Constitute State Aid: But Many Questions Remain* Introduction After the landmark judgment in Leipzig-Halle, public authorities are justifiably careful to ensure that the infrastructure they fund is either free of State aid or, if that is unavoidable, that the State aid is compatible with the internal market. Recent cases have shown that there are two problems in this regard. First, public authorities must verify whether the organisations or activities which are served by the infrastructure are economic or not. Second, they need to determine whether the infrastructure is “inseparably” linked to those activities. If they are inseparable, the infrastructure acquires the status of the organisations or activities which it serves. If
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