Applying the Principle of Technological Neutrality to State Aid for Network Infrastructures journal article 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.
Judgment By Formula: Regulatory Form and the Differentiation of Fiscal Measures and Non-Fiscal Measures in EU State Aid Law Christopher McMahon