State aid and Service of General Economic Interest

Foreword State aid and Service of General Economic Interest: An overview of EU and national case law

Services of General Economic Interest (SGEI) appears to be a notion that is strongly embedded in the socio-economic environment of the Member States but is also deeply rooted in the European Union law, especially in competition and State aid law. This Journal issue focuses on the latter aspects of SGEIs. This editorial is an attempt at casting light on the most important and sometimes controversial aspects of this notion and its regulation in European State aid law. As with all summaries on general and complex legal concepts, this editorial cannot do more than highlighting the most relevant features of SGEIs, with the caveat that the jurisprudence shapes it continuously, therefore certain theses will likely have to be reviewed as time passes.

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Permanent Representation of Hungary to the EU (Brussels)
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State Aid

 The EU Commission clears financing of Denmark’s national postal service
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930383 visits
State aid: Commission clears financing of Post Danmark’s universal service obligation* The European Commission has approved, under EU State aid rules, Denmark’s compensation to Post Danmark for its universal postal service obligation in 2020. Executive Vice-President Margrethe Vestager, in (...)

The EU Commission approves a Greek aid scheme whose objective is to support vulnerable and less prosperous households and micro or small enterprises struggling to repay mortgages and loans
Maastricht University (Maastricht)
Belgium 357 contributions 66849 visits
An Innovative Scheme to Support Individual Borrowers* Individuals and households are not undertakings. However, any public funding of individuals or households may constitute indirect aid to undertakings. Such aid may be exempted on the basis of Article 107(2)(a) TFEU. Introduction (...)

The EU Commission clears financing of the Czech postal service on the grounds that it is a service of general economic interest (Czech Post)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930383 visits
State aid: Commission clears financing of Czech Post’s universal service obligation* The European Commission has approved, under EU State aid rules, Czechia’s plans to compensate Czech Post for its universal postal service obligation over the period 2018-2022. Executive Vice-President (...)

The EU Commission approves €634M in compensation to the Belgian postal service to continue providing a service of general economic interest (bpost)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930383 visits
State aid: Commission approves Belgian postal service compensation to bpost* The European Commission has approved, under EU State aid rules, Belgium’s plans to compensate bpost for providing postal services of general economic interest between 2022 and 2026. Executive Vice-President (...)

The EU Commission approves up to €5.4B of State aid from 15 Member States for an Important Project of a Common European Interest in the hydrogen technology value chain
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930383 visits
State Aid: Commission approves up to €5.4 billion of public support by fifteen Member States for an Important Project of Common European Interest in the hydrogen technology value chain* The Commission has approved, under EU State aid rules, an Important Project of Common European Interest (...)

The EU Commission opens an in-depth investigation into Greek support measures in favour of national postal operator (ELTA)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930383 visits
State aid: Commission opens in-depth investigation into Greek support measures in favour of postal operator Hellenic Post (ELTA)* The European Commission has opened an in-depth investigation to assess whether certain Greek support measures in favour of ELTA are in line with EU State aid (...)

The EU Commission in two separate decisions clears Italian public support for a ferry service and closes the investigation on another ferry service that has since been put into liquidation (Laziomar) (Saremar)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930383 visits
State aid: Commission clears Italian public support for Laziomar ferry service; closes investigation concerning support to Saremar* The European Commission has concluded that the public service compensation granted since 2011 to Laziomar S.p.A. (‘Laziomar’) for the operation of ferry (...)

The EU Commission clears public support for several ferry services in Italy but finds other measures to be incompatible with State aid rules (Siremar / Società Navigazione Siciliana)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930383 visits
State aid: Commission clears public support for several ferry services in Italy; finds other measures to Siremar and SNS to be incompatible aid* The European Commission has concluded that the public service compensation granted since 2009 to Sicilia Regionale Marittima S.p.A. (‘Siremar’) and (...)

The EU General Court examines several measures in favour of postal services that are classified as services of general economic interest (ITD ; Danske Fragtmænd)
Maastricht University (Maastricht)
Belgium 357 contributions 66849 visits
Compensation for Universal Service Provision* Introduction The rules on State aid for services of general economic interest [SGEI] are very generous because they allow both investment and operating aid. Yet, it is not easy to comply with those rules because the calculation of the (...)

The EU Commission approves €2.5 million compensation to Slovenian press agency for its public service (STA)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930383 visits
State aid: Commission approves €2.5 million compensation to Slovenian Press Agency STA for its public service* The European Commission has approved, under EU State aid rules, a €2.5 million compensation granted by Slovenia to the Slovenian Press Agency STA to fulfil its public service (...)

The EU Commission approves German nation-wide scheme to support the deployment of Gigabit networks in Germany
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930383 visits
State aid: Commission approves German nation-wide scheme to support deployment of Gigabit networks in Germany* The European Commission has approved, under EU State aid rules, a German scheme to support the deployment of very high capacity broadband networks offering Gigabit speeds in (...)

The EU Court of Justice upholds the Commission’s decision finding that e-procurement is a service of general interest which can be commercially exploited insofar as the State does not offer the service itself (TenderNed)
University of Bristol - Law School
United Kingdom 92 contributions 25674 visits
In its Judgment of 7 November 2019 in Aanbestedingskalender and Others v Commission, C-687/17 P, EU:C:2019:932 (the ‘TenderNed’ case), the Court of Justice of the European Union (CJEU) rejected the appeal against the earlier Judgment of the General Court (GC) of 28 September 2017 (T-138/15, (...)

The EU Court of Justice preliminarily determines that a Lithuanian aid scheme for the provision of public interest services in the electricity sector breaches State aid rules (Achema / Orlen Lietuva / Lifosa / VKEKK)
European Commission - DG ENERGY (Luxembourg)
15 contributions 7369 visits
The judgment of the Court of 15 May 2019 in case C-706/17, delivered upon a request for a preliminary ruling from the Supreme Administrative Court of Lithuania (“Achema”), replicates the analysis which was previously established in Association Vent de Colère!. The judgment in Achema thus (...)

The EU General Court holds that a change in the method of funding public broadcasting does not constitute an alteration of an existing aid measure that would require notification to the Commission (Stichting Woonlinie / Stichting Woonpunt)
Maastricht University (Maastricht)
Belgium 357 contributions 66849 visits
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice provides guidance on public service obligations assignment (Cellnex Telecom)
Maastricht University (Maastricht)
Belgium 357 contributions 66849 visits
The Extent of the Discretion of Member States to Define Services of General Economic Interest (SGEI) A service is classified as an SGEI not only when it is important for citizens but also when the market does not adequately supply it and one or more undertakings are compelled to provide it (...)

The EU Commission approves public aid in the form of services of general economic interest compensation (Sumburgh Airport)
Municipality of Cagliari
168 contributions 134259 visits
Introduction The European Commission has closed by a compatibility decision a State aid enquiry in the Sumburgh Airport case concerning public financial support granted in the form of SGEI compensation to the Scotland-based airport of Sumburgh . After establishing that the UK authorities has (...)

The EU Commission approves compensation provided by the UK to the incumbent postal operator for the extra costs of the public services provided for the 2018 - 2021 period (Post Office)
Maastricht University (Maastricht)
Belgium 357 contributions 66849 visits
Compensation for Public Service Obligations Introduction Every three years the UK determines the compensation it provides to the Post Office Limited (POL) for the extra costs of the public services it provides. Commission decision SA.48224 approved the compensation for the next three-year (...)

The EU Commission approves public aid in the form of services of general economic interest compensation (Bornholm Airport)
Municipality of Cagliari
168 contributions 134259 visits
Introduction In Bornholm Airport the European Commission has declared the PSO compensation granted by the Danish authorities to the Bornholm Airport compatible with the internal market on the ground of the SGEI exception. Agreeing with Denmark, the Commission viewed the Bornholm Airport as a (...)

The EU Court of Justice annuls a Commission decision due to the lack of motivation in the assessment of the selectivity criteria in the determination of the compatibility of an aid (Comunidad Autónoma de Galicia and Retagal)
Van Bael & Bellis (Brussels)
Belgium 155 contributions 35002 visits
* Article published on StateAidHub.eu Blog (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission qualifies an airport as a service of general economic interest and rules that the related compensation is a compatible State aid (Inverness Airport)
Municipality of Cagliari
168 contributions 134259 visits
Introduction In the Inverness Airport case, the Commission ruled that the UK authorities has correctly qualified the Inverness Airport as a genuine service of general economic interest (SGEI). The Commission also ruled that the compensation awarded to the Inverness Airport for the discharge (...)

The EU General Court affirms a Commission decision that compensation for public services and a capital increase granted by Sardinia to a maritime company is aid incompatible with the internal market (Regione autonoma della Sardegna)
Maastricht University (Maastricht)
Belgium 357 contributions 66849 visits
* Article published on StateAidHub (click here). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no relationships with a party or related third party. Article will need (...)

The EU Court of Justice assesses the relationship between the Altmark judgment and Article 106(2) TFEU (Viasat Broadcasting)
Maastricht University (Maastricht)
Belgium 357 contributions 66849 visits
Altmark requires efficiency: Article 106(2) TFEU does not.* Introduction On 8 March 2017, the Court of Justice rendered its judgment in case C‑660/15 P Viasat Broadcasting v European Commission. Viasat Broadcasting appealed against the judgment of the General Court of 24 September 2015 (...)

The EU Court of Justice concludes that the conditions laid down in the Altmark judgment are relevant for determining whether a measure constitutes state aid (Viasat Broadcasting)
Van Bael & Bellis (Brussels)
Belgium 155 contributions 35002 visits
On 8 March 2017, the European Court of Justice (“ECJ”) handed down its judgement on appeal in case C-660/15 P, Viasat Broadcasting UK (“Viasat”) Ltd v European Commission. The case concerns aid granted to the Danish public broadcaster TV2/Danmark for the execution of public service (...)

The EU General Court upholds a Commission decision that a French ferry company received incompatible aid which must be recovered, and clarifies the definition of a service of general economic interest (SNCM)
Maastricht University (Maastricht)
Belgium 357 contributions 66849 visits
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice rules on the temporal scope of secondary instruments applied to assess the compatibility of a State aid (Jørgen Andersen)
Maastricht University (Maastricht)
Netherlands 1 contribution 853 visits
Case C-303/13 P European Commission v Jørgen Andersen* In this post I will analyse a particular aspect of State aid law: the temporal scope of secondary instruments applied to assess the aid’s compatibility. The case at hand deals in particular with Regulation (EEC) 1191/69, which originally (...)

The EU Commission finds that Dutch subsidies for the acquisition of land for nature conservation are compatible with State aid (Nature land)
Maastricht University (Maastricht)
Belgium 357 contributions 66849 visits
Nature Conservation as a Service of General Economic Interest* Public funding of non-economic activities does not create State aid problems when any related economic activities are clearly separated. The 2012 SGEI package can apply retroactively. Introduction Member States of the (...)

The EU Commission finds a measure aimed at helping public hospitals not to constitute State aid because it did not affect the trade between member States (Hradec Králové Region)
Maastricht University (Maastricht)
Belgium 357 contributions 66849 visits
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court explains that the fact that undertakings are obliged by law to comply with certain tests does not justify the subsidisation of their costs with public funds (Belgium)
Maastricht University (Maastricht)
Belgium 357 contributions 66849 visits
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission rules that SGEI providers can be compensated in a way that induces them to become more efficient (UK Post Office)
Maastricht University (Maastricht)
Belgium 357 contributions 66849 visits
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court holds that compensation for structural disadvantages encumbering undertakings is still State aid except if it satisfies the Altmark criteria (France)
Maastricht University (Maastricht)
Belgium 357 contributions 66849 visits
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission explains that public funding does not have to satisfy the very strict Altmark criteria in order to be authorised if it complies with the relevant regulation or guidelines (Stretto airport)
Maastricht University (Maastricht)
Belgium 357 contributions 66849 visits
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court holds that environmental harm does not make State aid incompatible with the internal market (Castelnou Energía)
Maastricht University (Maastricht)
Belgium 357 contributions 66849 visits
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission reminds Member States of mistakes they can avoid when they compensate operators on whom they impose public service obligations (Dublin Bus / Irish Bus)
Maastricht University (Maastricht)
Belgium 357 contributions 66849 visits
Public Service Obligations: A Few More Mistakes that Can Be Avoided* Even efficient companies will fail the 4th Altmark criterion if their costs are not proven to be comparable to those of a typical and well-equipped undertaking. Public funding of infrastructure is not State aid to users (...)

The EU Commission explains that a system which is predominantly based on solidarity does not become economic in nature when operators have a small degree of discretion to compete on quality and to make profit from efficient provision of services (Spoločná zdravotná poisťovňa)
Maastricht University (Maastricht)
Belgium 357 contributions 66849 visits
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission accepts a nuclear power station funding scheme after getting the State to renegotiate the terms of the contract (Hinkley Point C)
University of Sussex
United Kingdom 5 contributions 3823 visits
State Aid for Nuclear Power: No Thanks! Maybe? Yes Please!* The Commission’s decision on the Hinkley Point C nuclear power station of 8th October 2014 and what this might mean for the approach to nuclear energy... In 2014, the European Commission adopted new Guidelines on State aid for (...)

The EU Commission finds that some aid measures granted in support of a French airport are compatible, while others are not and must be recovered (Nîmes-Uzès-Le Vigan)
Maastricht University (Maastricht)
Belgium 357 contributions 66849 visits
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court pushes for overcompliance with EU public procurement rules in the provision of public services (Zweckverband)
University of Bristol - Law School
United Kingdom 92 contributions 25674 visits
The GC pushes for overcompliance with EU public procurement rules in the provision of public services (T-309/12)* In its Judgment in Zweckverband Tierkörperbeseitigung v Commission, T-309/12, EU:T:2014:676, the GC has assessed the compatibility with EU State aid rules of a system of (...)

The EU General Court refuses to find the Altmark criteria fulfilled and reminds that Member States have discretion to define what they consider as an SGEI but only after having identified market gaps (Zweckverband)
Maastricht University (Maastricht)
Belgium 357 contributions 66849 visits
Not Surprisingly, Another Member State Fails to Prove Compliance with the Altmark Criteria* Main points Maintaining capacity that is necessary for the provision of normal services cannot be classified as a service of general economic interest. State aid may not be granted towards the costs (...)

The EU General Court decides in two cases on the compatibility with internal market principles of a tax partially funding a state aid (Telefonica) (DTS)
Maastricht University (Maastricht)
Belgium 357 contributions 66849 visits
* Article published on Lexxion State Aid Blog (click here), republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The Czech Supreme Court confirms the duty of national courts to enforce EU State aid rules (NH Hospital / Central Bohemian Region)
Skils (Prague)
Czech Republic 35 contributions 26218 visits
On 25 June 2014, the Supreme Court cancelled preceding decisions by the High Court in Prague (Ref. No. 3 Cmo 289/2011-142 of 29 December 2011) and by the Municipal Court in Prague (Ref. No. 32 Cm 128/2010-131 of 13 June 2011) and remanded the case back for further proceedings before the (...)

The EU Court of Justice dismisses France’s action against the Commission’s decision declaring an unlimited guarantee incompatible with the internal market (La Poste)
Covington & Burling (Brussels)
Belgium 16 contributions 3590 visits
There is no doubt that undertakings entrusted with
the provision of services of general economic interest (SGIEs) are subject to the rules in the Treaty on the Functioning of the European Union (TFEU), including its state aid rules. However, compensation for providing such public services (...)

The EU Commission offers valuable guidance on the application of Regulation 1370/2007 on passenger transport services
Maastricht University (Maastricht)
Belgium 357 contributions 66840 visits
* Article published on Lexxion State Aid Blog, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no relationships (...)

The EU Commission deems that the land development scheme for industrial and commercial use in Germany did not encompass any advantage as the purchasers of subsidised assets paid the market price
Maastricht University (Maastricht)
Belgium 357 contributions 66849 visits
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

Aviation sector: The EU Commission publishes its new guidelines on State aid to airports and airlines
Maastricht University (Maastricht)
Belgium 357 contributions 66840 visits
* Article published on Lexxion State Aid Blog (click here), republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission decides that the compensation for the operation of the two additional routes linking Sardinia to the mainland and the recapitalisation measure constituted illegal State aid and orders recovery (Saremar)
Maastricht University (Maastricht)
Belgique 357 contributions 66849 visites
* Article published on Lexxion State Aid Blog (click here), republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission finds the compensation of school bus and tram transport in the Land Rhineland-Palatinate to be compatible with the internal market (Landesbetrieb Mobilität Rheinland-Pfalz)
Maastricht University (Maastricht)
Belgique 357 contributions 66849 visites
* Article published on Lexxion State Aid Blog (click here), republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission publishes decision concerning a parafiscal levy intended to fund supposedly public service obligations assigned to French horse racing companies (France)
Maastricht University (Maastricht)
Belgique 357 contributions 66849 visites
* Article published on Lexxion State Aid Blog (click here), republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice rules on the distribution of powers between the Council and the Commission in the area of State aid enforcement (Alumina)
University of Bristol - Law School
United Kingdom 92 contributions 25674 visits
CJEU strengthens Commission’s enforcement monopoly in State aid (C-111/10) and jeopardises its consistent enforcement with other EU policies (C-272/12)* In two recent Judgments of 4 December 2013 (C-111/10, Commission v Council) and 10 December 2013 (C-272/12, Commission v Ireland and (...)

The EU Court of Justice rules on the distribution of powers between the Council and the Commission in the area of state aid enforcement (EU Commission / EU Council)
University of Bristol - Law School
United Kingdom 92 contributions 25674 visits
CJEU strengthens Commission’s enforcement monopoly in State aid (C-111/10) and jeopardises its consistent enforcement with other EU policies (C-272/12)* In two recent Judgments of 4 December 2013 (C-111/10, Commission v Council) and 10 December 2013 (C-272/12, Commission v Ireland and (...)

The EU Commission finds that Lithuanian aid given to a gas terminal operator entrusted with services of general economic importance is compatible with the internal market (Klaipedos Nafta / LNG Terminal)
Maastricht University (Maastricht)
Belgique 357 contributions 66849 visites
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court rejects an appeal against a budgetary grant in favour of the French state-owned television company, without providing any further explanation on the matter of inefficient undertakings assigned with public service obligations (Télévision française 1)
Maastricht University (Maastricht)
Belgique 357 contributions 66849 visites
Tax Hypothecation and Economic Efficiency under Altmark: T-275/11, French Television 1 v Commission* Background France Télévisions is a limited company wholly owned by the French State. As France abolished advertising on public television, it also decided to provide financial compensation (...)

The EU Commission establishes that the compensation for the provision of inter-regional bus transportation services constitutes incompatible state aid as the requirement for ex ante determination of net costs has not been fulfilled (Simet)
Maastricht University (Maastricht)
Belgique 357 contributions 66849 visites
* Article published on Lexxion State Aid Blog, republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no relationships (...)

The EU Commission re-examines a previously compatible Irish State aid scheme in light of the 2005 and 2012 SGEI packages (Electricity Supervisory Board)
Maastricht University (Maastricht)
Belgium 357 contributions 66840 visits
Sale of Public Assets, SGEI and Electricity Levies* Main points Revenue from levies on electricity users is most likely to constitute State resources. Public service obligations can be transferred from one electricity-generating company to another. Compensation for public service obligations (...)

The EU General Court clarifies the nature of services of general economic importance and affirms that it is necessary to identify the presence of market failures justifying the grant of compensation (Colt Télécommunications France)
Maastricht University (Maastricht)
Belgium 357 contributions 66840 visits
New Case Law on Incentive Effect, “Private Borrower”, Advantage, Compensation, SGEI and Market Failure* Introduction The posting reviews three recent rulings of the General Court. They are significant because they introduce substantial nuances in the case law concerning the concepts of (...)

The EU General Court annuls a Commission State aid decision, rejecting the accuracy of the calculations concerning the rate of interest that a hypothetical private investor would have paid in a similar situation (Poste Italiane)
Maastricht University (Maastricht)
Belgium 357 contributions 66840 visits
New Case Law on Incentive Effect, “Private Borrower”, Advantage, Compensation, SGEI and Market Failure* Introduction The posting reviews three recent rulings of the General Court. They are significant because they introduce substantial nuances in the case law concerning the concepts of (...)

The EU General Court reinforces the doctrine of inseparability concerning compensation for public service obligations assigned to environmental organisations (Germany / Commission)
Maastricht University (Maastricht)
Belgium 357 contributions 66840 visits
The Emerging Doctrine of Inseparability and Compensation for Public Service Obligations [T-347/09, Germany v Commission]* Introduction In the landmark judgment in Leipzig Halle, the General Court stated that infrastructure which is inseparable from economic activity is itself economic and (...)

The EU Commission clarifies the relation between Altmark criteria and public procurement rules (SNCM)
Maastricht University (Maastricht)
Belgium 357 contributions 66840 visits
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice decides that Flemish tax incentives and subsidy mechanisms are liable to be classified as State aid (Eric Libert)
Maastricht University (Maastricht)
Belgium 357 contributions 66840 visits
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission issues a State aid decision concerning compensation given to a shipping company for the provision of services of general economic interest, and orders the immediate and effective recovery of the illicit aid (SNCM)
Mircea & Partners (Bucharest)
Roumanie 32 contributions 16811 visites
Introduction The decision in discussion was issued by the European Commission on 2 May 2013 and established that the public service delegation contract for passenger shipping services between Marseille and Corsica did not satisfy the four cumulative conditions set out in Altmark. The (...)

The EU Commission approves State aid for the expansion of a gas storage facility that could enable the entry of more gas suppliers onto the Polish market (PGNiG)
Maastricht University (Maastricht)
Belgium 357 contributions 66840 visits
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission clarifies the relationship between the Altmark criteria and public procurement rules (POL)
Maastricht University (Maastricht)
Belgium 357 contributions 66840 visits
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court annuls the Commission’s decision by which it approved all of the measures adopted by France in favour of Corsica ferries (Corsica Ferries France)
Mircea & Partners (Bucharest)
Roumanie 32 contributions 16811 visites
A. Essential factual and legal aspects The shipping company, Corsica Ferries France SAS, applicant in the present dispute, offers regular ferry services to Corsica departing from continental France (Marseille, Toulon and Nice) and Italy. The shipping company and beneficiary of the aid (...)

The EU Commission adopts a new package to assess the public compensation granted to services of general economic interest
Van Bael & Bellis (Brussels)
Belgique 155 contributions 35002 visites
The European Commission has adopted a revised package to assess the public compensation granted to services of general economic interest (“SGEI”) under the EU state aid rules: a new Communication clarifies key concepts underlying the application of the State aid rules to public (...)

The EU Commission adopts a communication on the application of the State aid rules to compensation granted for the provision of services of general economic interest
European Commission - DG COMP (Brussels)
Belgique 13 contributions 27201 visites
,
European Commission - DG COMP (Brussels)
Belgique 6 contributions 1552 visites
,
European Commission - DG COMP (Brussels)
Belgique 4 contributions 2949 visites
…
"The SGEI Communication"* 1. Introduction: The Communication and its role in the new SGEI package This article is the second in a series explaining the rationale behind the new SGEI package, highlighting the most important features and novelties and introducing the new texts. The (...)

The EU Commission adopts State aid rules for services of general economic interest (SGEI)
European Commission - DG COMP (Brussels)
Belgique 13 contributions 27201 visites
,
European Commission - DG COMP (Brussels)
Belgique 6 contributions 1552 visites
,
European Commission - DG COMP (Brussels)
Belgique 4 contributions 2949 visites
…
"The New State Aid Rules for Services of General Economic Interest (SGEI): the Commission Decision and Framework of 20 December 2011"* 1. Introduction: the 2011 package On 20 December 2011, the European Commission adopted a new package of State aid rules for services of general economic (...)

The EU Commission adopts a new package of State aid rules for services of general economic interest (SGEI)
European Commission - DG COMP (Brussels)
Belgique 13 contributions 27201 visites
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European Commission - DG COMP (Brussels)
Belgique 6 contributions 1552 visites
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European Commission - DG COMP (Brussels)
Belgique 4 contributions 2949 visites
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"The New State Aid Rules for Services of General Economic Interest (SGEI)"* On 20 December 2011, following extensive public consultations, the European Commission adopted a new package of State aid rules for services of general economic interest (SGEI). This article offers an overview of (...)

The EU Commission adopts a legislative package on services of general economic interest which simplifies the procedure of automatic exemption to a larger number of services
McDermott Will & Emery (Paris)
France 136 contributions 68543 visits
EUROPEAN COMMISSION ADOPTS NEW STATE AID RULES ON SERVICES OF GENERAL ECONOMIC INTEREST * On December 20, 2011, the European Commission adopted a new legislative package on the application of State aid rules on services to public services – known as Services of General Economic Interest (...)

The EU Commission decides that a French bank was not overcompensated for distributing funds for social housing (Crédit Mutuel)
CDC Cartel Damage Claims (Paris)
France 20 contributions 3452 visites
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European Commission - DG COMP (Brussels)
Belgique 59 contributions 7309 visites
"State aid: main developments between 1 May and 31  August 2011"* On 24 May 2011, following a formal investigation started in 1998, the Commission decided that Crédit Mutuel was not overcompensated for distribution of the Livret bleu savings account in France. In 1975 France created the (...)

The EU Commission rules that a French bank was not overcompensated for collecting funds to finance social housing (Crédit Mutuel)
European Commission - DG COMP (Brussels)
Belgique 4 contributions 2623 visites
Services of general economic interest: Crédit Mutuel decision - not overcompensated* This article concerns the Commission’s assessment of a service of general economic interest (SGEI) in the banking sector, namely the decision closing the formal investigation of Crédit Mutuel‘s Livrets (...)

The EU Commission adopts a communication on the revision of EU State aid rules on services of general economic interest and a report on their application
European Commission - DG COMP (Brussels)
Belgique 59 contributions 7309 visites
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Permanent Representation of Sweden to the EU (Brussels)
24 contributions 2990 visites
State aid: main developments between 1 January and 30 April 2011* On 23 March, the Commission also adopted a Communication on the revision of European Union State aid rules on Services of General Economic Interest (SGEI) and a report on their application. These rules, also known as the 2005 (...)

The EU Commission authorises public assistance to the UK postal services operator, finding that the aid is compatible because it does not overcompensate for the public service tasks carried out, and therefore does not give any unfair competitive advantage (Post Office Limited)
European Commission - DG TRADE (Brussels)
Belgique 2 contributions 863 visites
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European Commission - DG COMP (Brussels)
Belgique 1 contribution 340 visites
Services of general economic interest: UK Post Office Ltd* On 23 March 2011 the European Commission authorised public assistance to the UK Post Office Ltd (POL), for a period of one year starting on 1 April 2011, for the funding of its network of post offices and the continuation of existing (...)

The EU Commission publishes a guide to help public authorities understand how Member States may finance services of general interest in compliance with State aid rules
European Commission - DG COMP (Brussels)
Belgique 59 contributions 7309 visites
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Permanent Representation of Sweden to the EU (Brussels)
24 contributions 2990 visites
State aid: main developments between 1 January and 30 April 2011* On 28 January the Commission published a guide to help public authorities understand how Member States may finance services of general interest in compliance with State aid rules. The ’Guide to the application of the European (...)

The EU Commission launches a public consultation on the application of its 2005 package on services of general economic interest
European Commission - DG COMP (Brussels)
Belgique 98 contributions 34629 visites
"State aid: main developments between 1 May and 31 August 2010"* On 12 May the Commission has launched a public consultation on the application of its 2005 Package on Services of general economic interest (SGEI). The Package sets out guidance as to when State funding of SGEIs is compatible (...)

The EU Court of Justice Advocate General Jääskinen agrees with the General Court’s ruling in a State aid recovery case in the postal sector (Deutsche Post)
Van Bael & Bellis (Brussels)
Belgique 155 contributions 35002 visites
In an opinion issued on 24 March 2010, Advocate General Niilo Jääskinen agrees with the judgment given by the General Court (hereinafter the “GC”) in 2008 by which the GC overturned a Commission decision ordering Deutsche Post to repay € 572 million of state aid. According to the AG, the (...)

The EU Commission issues guidelines for the application of State aid rules in relation to rapid deployment of broadband networks
European Ombudsman (Strasbourg)
France 4 contributions 1862 visites
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European Commission - DG CNECT (Brussels)
Belgique 1 contribution 815 visites
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DG Economic and Financial Affairs-ECFIN (Brussels)
Belgique 3 contributions 1567 visites
"The new State Aid Broadband Guidelines: not all black and white"* I. General context A. The importance of broadband development There is widespread consensus on the crucial impact of broadband development for economies and societies. Broadband networks have the potential to affect (...)

The EU Commission revises its communication on State aid and public service broadcasting
European Commission - DG COMP (Brussels)
États-Unis 5 contributions 2847 visites
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European Commission - DG COMP (Brussels)
Belgique 4 contributions 2072 visites
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European Commission - DG MOVE (Brussels)
Belgique 1 contribution 987 visites
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"The 2009 Broadcasting Communication"* On 2 July 2009 the Commission revised its 2001 Communication on State aid and public service broadcasting. After three public consultations, the revised Communication clarifies the legal framework for the expansion of public service broadcasters onto (...)

The EU General Court annuls a Commission decision in a State aid case, holding that the Commission failed to examine whether the State measures exceeded the costs incurred by the postal incumbent in performing services of general economic interest (Deutsche Post)
Van Bael & Bellis (Brussels)
Belgique 155 contributions 35002 visites
On 1 July 2008, the Court of First Instance (hereinafter ‘the CFI’) annulled the Commission decision which had found that certain measures of the German authorities in favour of Deutsche Post amounted to State aid incompatible with the common market. The CFI held, in particular, that the (...)

The French Supreme Court rules that national courts have an obligation to take all the necessary measures when national procedural rules are not sufficiently favorable for a claimant wishing to demonstrate the existence of overcompensation for public service obligations (Laboratoires Boiron)
Sheppard Mullin (Brussels)
France 400 contributions 676971 visites
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European Court of Justice (Luxembourg)
France 65 contributions 116847 visites
Factual Background The company Laboratoires Boiron appeals the judgment of the Court of appeal of Lyon in litigation concerning a provision of the French Code de la santé publique (Public Health Code). The appellants which is a pharmaceutical laboratory specialising in homeopathic medicines (...)

The Irish High Court rules that actions regarding State aid measures in the private medical insurance sector to which the EU Commission did not object can not be brought before the national courts, as they fall under Art. 86(2) of the EC treaty (Bupa Ireland)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 5 contributions 10052 visites
Factual Background This case concerns private medical insurance and its operation in the Irish market. Private medical insurance ("PMI") was formally introduced in Ireland in 1957 with the establishment of the Voluntary Health Insurance Board (the "VHI"), in order to enable persons not (...)

The EU Commission holds that the remuneration fee paid to the Italian postal service provider for the distribution of postal savings books does not constitute State aid because it is in line with the principles established by the EU Court of Justice (Cassa Depositi e Prestiti / Poste Italiane)
European Commission - DG COMP (Brussels)
Belgique 3 contributions 1945 visites
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European Commission - DG BUDG (Brussels)
Belgique 1 contribution 1065 visites
"Poste Italiane: a market fee can fulfil the Altmark criteria"* On 22 November 2006, the Commission has decided that the remuneration fee paid by ‘Cassa Depositi e Prestiti’(CDP) to ‘Poste Italiane’(PI) for the distribution of postal savings books as of 2004 does not constitute State aid (...)

The Bulgarian Competition Authority clears State aid in the form of compensation for public transportation services under national State aid rules (Elena Avtotransport)
Dessislava Fessenko (London)
Royaume-Uni 32 contributions 86052 visites
By this Decision of 2 November 2006 the Bulgarian Commission for Protection of Competition (“the Commission”) cleared a State aid in the form of compensation for public transportation services, provided on the territory of Municipality of Elena, North-Eastern Bulgaria, by the transport (...)

The French Court of Appeal in Versailles dismisses a claim by a pharmaceutical producer that a tax exemption granted to wholesale distributors is State aid, finding that it failed to show the existence of an advantage arising from the exemption (Laboratoires Bristol Myers Squibb)
Sheppard Mullin (Brussels)
France 400 contributions 676971 visites
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European Court of Justice (Luxembourg)
France 65 contributions 116847 visites
Factual Background This case is one of a series of cases against pharmaceutical producers and wholesale distributors concerning a provision of the French Code de la santé publique (Public Health Code). This provision obliges pharmaceutical wholesaler to keep a permanent stock of medicinal (...)

The French Administrative Supreme Court confirms that subsidies granted for orders of French-language books are State aid, but refers for a preliminary ruling a question concerning the extent of the recovery of unnotified aid (CELF I)
Schmitt Avocats (Paris)
France 16 contributions 87345 visites
By a decision of 5 October 2004, the Administrative Court of Appeal of Paris classified as a State aid the subsidies granted by the French State to the Centre d’Exportation du Livre Français (“CELF”), entity created at the end of the 70’s to contribute to the diffusion of French-language books (...)

The EU Commission approves € 47.3 million operating aid in favour of a Dutch public company operating in the hazardous waste treatment sector (AVR)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2930228 visits
"State aid for hazardous waste treatment: the case of AVR, the Netherlands"* On 22 June 2005, the European Commission has approved € 47.3 million operating aid in favour of AVR of the Netherlands for hazardous waste disposal. € 2.4 million — compensation for the cost of acquisition of the (...)

The French Supreme Court refers questions to the EU Court of Justice relating to social security exemptions for French laboratories (Laboratoires Boiron)
Sheppard Mullin (Brussels)
France 400 contributions 676971 visites
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European Commission
Belgique 28 contributions 44960 visites
Brief description of the facts and legal issues A laboratory filed an action for the refund of a Sociàl Security contribution arguing that this contribution was unlawful State aid, because certain laboratories were exempt. Referring to the Banks case (Joined Cases C-390/98, Banks & Co v (...)

The Paris Court of Appeal orders the Ministry of Culture to recover unnotified State aid granted in the publishing sector, having found no relevant public service obligations (CELF I)
Schmitt Avocats (Paris)
France 16 contributions 87345 visites
By decision of 5 October 2004, the Administrative Court of Appeal of Paris applied Article 93(3) EC Treaty (today Article 88 EC) and ordered the reimbursement of aids paid without beforehand notification to the European Commission. The French Court also applied the principles and criteria set (...)

The EU Court of Justice delivers a judgment on the notion of State aid, addressing the issue of the compensation for services of general economic interest (Altmark)
European Commission - DG COMP (Brussels)
Belgique 13 contributions 27201 visites
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European Commission - DG MOVE (Brussels)
Belgique 3 contributions 1297 visites
"Compensation for services of general economic interest: some thoughts on the Altmark ruling"* 1. Introduction With the Altmark judgement, the European Court of Justice has uttered the last word in a longstanding dispute: is compensation for services of general economic interest (SGEI) a (...)

The EU Commission adopts a methodology for analyzing State aid linked to stranded costs that includes criteria for whether a stranded costs compensation mechanism that constitutes State aid can be authorized under the EC Treaty
European Commission - DG COMP (Brussels)
Belgique 8 contributions 7470 visites
"A methodology for analysing State aid linked to stranded costs"* 1. The ‘stranded costs’ concept At the time the European electricity market was not liberalised, recovery of all investments by electricity undertakings was achieved through adequate tariff fixation by the States. In these (...)

The French Tribunal in charge of social security cases applies to the EU Court of Justice for a preliminary ruling on whether a tax exemption can be considered not State aid but a mere compensation of public service costs (Ferring)
University of Bordeaux
France 7 contributions 22818 visites
The important case law of the ECJ often finds its origin in a preliminary question raised by national judges of first instance (e. g. ECJ, April 30th, 1986, Asjes a. o., Joined Cases 209/84 209/84, 210/84, 211/84, 212/84, 213/84 and 213/84, [1986] ECR 1425, “Nouvelles Frontières”, preliminary (...)

The EU Commission proposes a change to the directive on the transparency of financial relations between Member States and public undertakings
European Commission - DG COMP (Brussels)
Belgique 7 contributions 5807 visites
"Commission proposes change to Transparency Directive"* The Commission has accepted on 30 March 1999 a draft amendment to the so-called Transparency Directive 80/723/CEE. This Directive in its present form allows the Commission to investigate into the financial relations between Member (...)

The EU Commission issues a report on services of general economic interest in the banking sector
European Commission - DG COMP (Brussels)
Belgique 52 contributions 9868 visites
"Report on services of general economic interest in the banking sector"* At its meeting in June 1997 in Amsterdam the European Council adopted a Declaration on «Public credit institutions in Germany« mentioning the possibility that «services of general economic interest« might exist also in (...)