Category Archives: Commission decision

The Power to Get it Wrong by Dr Stephen Daly (King’s College London)

Posted on March 11, 2021 by gperetz

The assumption underlying competition (and antitrust) rules is that competition is good. As interventions by the State may create distortions to competition, then they are to be governed. Thus, State aid rules regulate the assistance that governments may provide to … Continue reading →

Posted in Commission decision, European Court judgment, New UK subsidy control regime | Comments Off on The Power to Get it Wrong by Dr Stephen Daly (King’s College London)

UK tax exemption ruled to be illegal State aid: reports emerge that HMRC may have to recover “tens to hundreds of millions of pounds” from beneficiary businesses.

Posted on April 4, 2019 by gperetz

We are grateful to Jonathan Branton and Alexander Rose of DWF for contributing this article.  On 2nd April 2019 the European Commission concluded that a tax break introduced in the Finance Act 2012 constitutes unlawful State aid to certain multi-national … Continue reading →

Posted in Brexit issues, Commission decision, UK case | 1 Comment

Stay of Micula brothers’ ICSID award upheld by Court of Appeal

Posted on November 7, 2018 by admin

On 27 July 2018, the Court of Appeal (Arden, Hamblen and Leggatt LLJ) handed down its judgment in Micula and others v Romania [2018] EWCA Civ 1801, a case concerning the intersection of international law rules for investment arbitration with EU law rules on State aid. Continue reading →

Posted in Commission decision, UK case | Comments Off on Stay of Micula brothers’ ICSID award upheld by Court of Appeal

Ombudsman rejects complaint of maladministration in relation to third party rights in Commission investigations

Posted on November 11, 2016 by Kelyn Bacon

Some of the readers of this blog will be aware of John Temple Lang’s complaint to the Ombudsman, and related article (“The Charter and the EU State Aid Procedure” in de Vries, Bernitz and Weatherill, The EU Charter of Fundamental Rights … Continue reading →

Posted in Commission decision | Comments Off on Ombudsman rejects complaint of maladministration in relation to third party rights in Commission investigations

Apple State aid decision just announced

Posted on August 30, 2016 by gperetz

In a press release today (http://europa.eu/rapid/press-release_IP-16-2923_en.htm), the Commission has announced that it has decided that Apple received State aid from Ireland in the form of “undue tax benefits of up to €13 billion”. According to Ms Vestager, the Commissioner responsible for … Continue reading →

Posted in Commission decision | Comments Off on Apple State aid decision just announced

AG opinion in Irish Air Travel Tax case

Posted on July 5, 2016 by Kelyn Bacon

This morning Advocate General Mengozzi handed down his opinion in the appeals in the Aer Lingus and Ryanair cases concerning the Irish air travel tax (Joined Cases C-164/15 P and C-165/15 P). The AG has recommended setting aside, in part, … Continue reading →

Posted in AG opinion, Commission decision | Comments Off on AG opinion in Irish Air Travel Tax case

Commission decision on Dutch public authority exemption from corporation tax

Posted on January 26, 2016 by gperetz

In a press release issued on 21 January (http://europa.eu/rapid/press-release_IP-16-124_en.htm) the Commission announced that it objected under the State aid rules to a provision of Dutch corporation tax law that exempted six named Dutch seaports, run by public undertakings, from tax.  … Continue reading →

Posted in Commission decision | 1 Comment

Commission finds tax rulings in favour of Fiat and Starbucks to be illegal State aid

Posted on October 21, 2015 by Kelyn Bacon

Hot off the press, here is today’s press release from the Commission, announcing negative decisions in relation to tax rulings issued by Luxembourg, in relation to Fiat, and the Netherlands, in relation to Starbucks. The decisions conclude formal investigations that … Continue reading →

Posted in Commission decision | Comments Off on Commission finds tax rulings in favour of Fiat and Starbucks to be illegal State aid

BIT arbitration awards and State aid – the Commission’s Micula decision

Posted on September 10, 2015 by Kelyn Bacon

The interface between BIT arbitration awards and the EU State aid rules has never been an easy issue, and it came to the fore in the Micula case. The Commission’s decision in that case was adopted on 30 March 2015, … Continue reading →

Posted in Commission decision | Comments Off on BIT arbitration awards and State aid – the Commission’s Micula decision

Commission approves electric charging post investment as compatible State aid

Posted on August 1, 2015 by Kelyn Bacon

Thank you to Alexander Rose for this blog post. The European Commission has approved the roll out of €33m of electric vehicle charging infrastructure in the Netherlands as compatible State aid under Article 107(3)(c) of the TFEU. The Green Deal measure … Continue reading →

Posted in Commission decision | Comments Off on Commission approves electric charging post investment as compatible State aid