Category Archives: European Court judgment

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

Posted in European Court judgment | Comments Off on Rights of Beneficiaries to challenge Commission Decisions that aid is compatible: the Dutch Woco cases

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

Posted in European Court judgment | Comments Off on The ECJ emphasises the Commission’s central role in the State aid regime: Case C-272/12P Commission v Ireland and others

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

Posted in AG opinion, European Court judgment | Comments Off on ECJ judgment in Deutsche Lufthansa case

General Court judgment in BT pension liabilities case

On 16 September 2013, the GC gave judgment in Case T-226/09 and T-230/09, BT and the BT pension trustees’ appeal against the Commission’s determination that BT’s exemption from the PPF levy constitutes unlawful State aid contrary to Art. 107 TFEU. … Continue reading

Posted in European Court judgment | Comments Off on General Court judgment in BT pension liabilities case

Trapped in the woods: transfer of land to environmental NGOs caught by the State aid rules

Those who have to advise on “Big Society” projects such as the transfer of public assets to NGOs, charities or public service mutuals will need to be aware of the judgment of the General Court (GC) on 12 September in … Continue reading

Posted in European Court judgment | Comments Off on Trapped in the woods: transfer of land to environmental NGOs caught by the State aid rules

AG opinion in Lufthansa/Frankfurt-Hahn case; and temporal validity of GBER

For those interested in issues concerning the interaction of national courts and the Commission in the State aid enforcement process, yesterday’s opinion from AG Mengozzi in Case C-284/12 provides some food for thought. Unfortunately, it is not yet available in English … Continue reading

Posted in European Court judgment, Legislation | Comments Off on AG opinion in Lufthansa/Frankfurt-Hahn case; and temporal validity of GBER

After Smurfit Kappa: the Commission opens a formal investigation into regional aid to Propapier

Thanks to Fiona Wishlade, Director of the EPRC at the University of Strathclyde, for today’s blog The European Commission has opened a formal investigation into regional investment aid granted by Germany to Propapier: see press release IP/13/435 The Commission had in fact … Continue reading

Posted in Commission decision, Commission guidelines, European Court judgment, Legislation | Comments Off on After Smurfit Kappa: the Commission opens a formal investigation into regional aid to Propapier

British Aggregates domestic proceedings revived

At a hearing in the Court of Appeal yesterday, before Longmore and Beatson LJJ, directions were given for the revival of the British Aggregates appeal – at nearly 11 years old, the longest-standing appeal currently pending before that Court.

Posted in Commission decision, European Court judgment, UK case | Comments Off on British Aggregates domestic proceedings revived

France Telecom: characterising the advantage in declarations of State support

Thanks to Emily Neill from Blackstone Chambers for today’s blog Action speaks louder than words, but not nearly as often – Mark Twain The events which were the subject of the France Telecom judgment handed down today suggest somewhat to … Continue reading

Posted in European Court judgment | 1 Comment