Category Archives: European Court judgment

The Court of Justice gives Ms Vestager two Christmas presents: the Commission wins its appeals in Aer Lingus/Ryanair and in Banco De Santander/Autogrill España

In the midst of a flood of significant judgments on a number of areas of EU law handed down today, the CJEU has given judgment on two important State aid cases. In each case, the Commission won its appeal against … Continue reading

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Ferracci and Montessori: ecclesiastical aid and post-Lisbon admissibility

On 15 September 2015 the General Court handed down two parallel judgments in the Ferracci and Montessori cases, concerning Italian rules granting tax exemptions for various “non-commercial” entities, including ecclesiastical institutions. The judgments are noteworthy for their comments on the … Continue reading

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“… but words can never hurt me”: the General Court finds (again) that Minister’s assurances of support in the France Telecom case did not amount to State aid

Joined Cases T-425/04 RENV and T-444/04 RENV France and Orange v Commission EU:T:2015:450 On 2 July, the General Court issued its second judgment finding no State aid in the France Télécom case, its earlier holding that there was no State … Continue reading

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A new fast-track way of challenging a recovery order? Case C-667/13 Estado Português v Banco Privado Português, judgment of 5 March 2015

It has long been Commission orthodoxy that, when a Member State is ordered by the Commission to recover unlawful aid, the role of the national court in those recovery proceedings is little more than that of a rubber stamp. That … Continue reading

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Passing on a discriminatory tax – the Court’s judgments in the Aer Lingus and Ryanair cases

Last week this UKSALA blogger was the happy beneficiary of a perfectly-timed bit of serendipity. Having missed the last flight from Luxembourg to London on Wednesday evening, due to a late-running hearing in the General Court, I was able to … Continue reading

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Hot off the press: judgment in Addison Lee taxi case

The European Court of Justice handed down its judgment in the Addison Lee taxis-in-bus-lanes saga this morning. You can access the judgment here. Commentary will follow in due course …

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When is a tax derogation a selective advantage? The General Court strikes down a Commission decision finding a Spanish tax provision to be a State aid

One of the most notoriously tricky issues in State aid law is the question of when a tax provision derogating from a wider tax rule confers a selective advantage on those undertakings benefitting from it. That tricky issue is also … Continue reading

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Rights of Beneficiaries to challenge Commission Decisions that aid is compatible: the Dutch Woco cases

It is obvious why beneficiaries may wish to challenge Commission decisions that State aid is incompatible with the Common market.  It may be less obvious why they may want to challenge decisions that it is compatible.  But one situation that … Continue reading

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The ECJ emphasises the Commission’s central role in the State aid regime: Case C-272/12P Commission v Ireland and others

In Case C-272/12P Commission v Ireland and others, judgment of 10 December 2013, the Grand Chamber overturned the latest judgment of the General Court (“GC”) in the mineral oils saga, and in doing so established the central role of the … Continue reading

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ECJ judgment in Deutsche Lufthansa case

Readers of this blog may recall the post on 2 July concerning the AG opinion in Case C-284/12 Deusche Lufthansa, then only available in French. The good news is that the English version of the opinion has now been published, … Continue reading

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