The EU General Court confirms a decision of the Commission ordering the recovery of aid granted to a maritime transport service in difficulty on the grounds that the aid was granted as a loan for a period of six months only (Siremar)
For aid to be declared compatible with the internal market, all of the formal and substantive provisions of the relevant guidelines must be satisfied.
State aid is granted the moment the right to a selective advantage is conferred, even if the actual benefit materialises at a future point in time. Introduction
On 26 October 2022, the General Court reiterated, in case T-668/21, Siremar v European Commission, that, first, Member States must comply with all of the provisions of the relevant State aid guidelines in order for their aid to be compatible with the internal market. Second, tax exemptions involve State aid even if the benefit for the undertakings concerned materialises only when they make profits at a later point in time. And, third, aid affects trade even if the beneficiary
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