EStAL - European State Aid Law Quarterly

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The search returned 2 results.

Ana Trías

European State Aid Law Quarterly, Volume 16 (2017), Issue 2, Page 193 - 208

In the Mediaset case, the lower Court made a key statement upheld by the higher Court on appeal: the lack of technological neutrality of a measure is linked both to the presence and the incompatibility of State aid. Scholarly literature has not yet fully explored the procedural and material impact of this finding, called the ‘decoder doctrine’. This paper aims at asserting the legal nature, content and impact of said doctrine on State aid for network infrastructure development. For this purpose, it explores the emergence, scope and rationales of the technological neutrality principle on which the decoder doctrine relies, and studies its application to State aid targeting broadband and electric vehicle charging infrastructure. This analysis enables (1) an interpretation of the concept of technological neutrality in State aid law based on the Commission’s definitions and the Mediaset findings and (2) an assessment of key decision-making criteria against this benchmark. Keywords: Mediaset; Decoder Doctrine; Network Infrastructures; Broadband; Sustainable Transport; Electrical Mobility.

Christian Koenig, Ana Trías

European State Aid Law Quarterly, Volume 8 (2009), Issue 3, Page 12

I. Introduction: The Problem before Us State Aid in the aviation sector may serve several purposes and can be granted in various ways.1 According to the Commission Communication OJ 2005/C 312/01 on Community Guidelines on Financing of Airports and Start-up Aid to Airlines Departing from Regional Airports (the “2005 Guidelines”), State aid in the airline industry can adopt the following basic forms: aid for airport infrastructure funding, start-up aid

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