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Commerz Nederland NV v Havenbedrijf Rotterdam NV ∙ Case C-242/13 ∙ Annotation by Lucyne Ghazarian

Annotation on the Judgment of the Court of Justice of the EU of 17th September 2014 in Case C-242/13, Commerz Nederland NV v Havenbedrijf Rotterdam NV

Lucyne Ghazarian

In essence, the CJEU confirmed its case-law regarding the imputability of measures taken by publicly controlled undertakings, ie the Stardust Marine judgment (C-482/99), and in addition gave some guidance in regard to the indication assessment. The breach of internal statutes does not, of itself, preclude the imputability of an undertakings measure to the controlling public authority. Although the imputability to the State may not be inferred from the controlling position, it may be inferred from the circumstances and the facts of the case and need not be proven on the basis ‘of a precise inquiry’. Ultimately, the imputability has to be assessed case to case, while the high threshold of ‘unlikely involvement’ points towards a presumption of involvement.
Keywords: Banking, Definition of aid, Guarantees, Imputability.

Research Fellow and PhD candidate at the Centre for European Integration Studies at the University of Bonn.


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