Articles

EU State Aid Control: chapter about State Measure

EU State Aid Control: chapter about State Measure

EU State Aid Control: chapter about State Measure

20.02.2017 EU law

This chapter of EU State Aid Control deals with the element in Article 107(1) TFEU that only interventions by the State or through State resources can qualify as State aid in the sense of the EU State aid rules. As is the case with respect to the other elements of Art. 107(1) TFEU, no specific legislation exists on the issue of State measures. However, the Commission Notice on the notion of State aid as referred to in Article 107(1) TFEU (the “Notice on the notion of State aid”),1 published on 19 May 2016, covers this topic extensively.

Before the Notice on the notion of State aid, private practitioners and EU Member States had to rely on case law as their only source of information on the assessment of whether a measure was indeed a “State measure” in the sense of Art. 107(1) TFEU. For that reason, this chapter will discuss a large number of case law.

This chapter has been published in EU State Aid Control; Law and Economics, 2017.

Read the chapter of Rein Wesseling and Marieke Bredenoord-Spoek. 

Team

Related news

01.08.2018 EU law
Belgian Court of Cassation annuls decision prohibiting pharmacists from using Google Adwords

Short Reads - On 7 June 2018, the Belgian Court of Cassation, ruled that a decision of the Pharmacists Association Appeals Council (Appeals Council) prohibiting pharmacists from using Google Adwords to offer over-the-counter (OTC) products violated Belgian competition law because the Appeals Council did not sufficiently justify why such a prohibition was necessary for health reasons. The Appeals Council must now issue a new decision.

Read more

01.08.2018 EU law
General Court underlines importance of Commission's duty to state reasons

Short Reads - On 13 July 2018, the General Court annulled the EUR 1.13 million fine imposed on Stührk Delikatessen Import GmbH & Co. KG (Stührk) by the European Commission in 2013 for Stührk's participation in the shrimp cartel. The Court ruled that the Commission had failed to adequately state reasons in the contested decision as to why the cartel participants were granted divergent fine reductions.

Read more

01.08.2018 EU law
Court of Appeal in the Netherlands decides to appoint independent economic experts in TenneT v ABB

Short Reads - On 20 July 2018, the Court of Appeal of Gelderland published another interim judgment in the ongoing proceedings between TenneT, the grid operator in the Netherlands, and ABB in relation to the gas insulated switchgear (GIS) infringement. After the Dutch Supreme Court had confirmed in a judgment of 8 July 2016 [see our August 2016 Newsletter] that the passing-on defence is available under Dutch law, the Court of Appeal of Gelderland decided to appoint independent economic experts to provide input on the calculation of overcharge and the existence of pass-on.

Read more

Our website uses cookies: third party analytics cookies to best adapt our website to your needs & cookies to enable social media functionalities. For more information on the use of cookies, please check our Privacy and Cookie Policy. Please note that you can change your cookie opt-ins at any time via your browser settings.

Privacy – en cookieverklaring