Category Archives: European Court judgment

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

Posted on November 14, 2014 by gperetz

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

Posted on March 5, 2014 by gperetz

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

Posted on January 13, 2014 by gperetz

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

Posted on November 22, 2013 by Kelyn Bacon

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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General Court judgment in BT pension liabilities case

Posted on September 28, 2013 by

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 →

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

Posted on September 26, 2013 by gperetz

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 →

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

Posted on June 28, 2013 by Kelyn Bacon

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 →

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

Posted on May 21, 2013 by Kelyn Bacon

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 →

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British Aggregates domestic proceedings revived

Posted on April 11, 2013 by Kelyn Bacon

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.

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France Telecom: characterising the advantage in declarations of State support

Posted on March 19, 2013 by Kelyn Bacon

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 →

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