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The Notion of State Resources: So Near and yet so Far

Marianne Clayton, Maria J Segura Catalan

The article provides an overview of the interpretation by the European Courts of the criterion “state resources” in the definition of State aid foreseen under Article 107 TFEU and the corresponding Article 61 EEA Agreement. In 2013, the European Courts issued four judgments regarding the interpretation of the concept of state resources. Taking account of the evolution of the interpretation of this criterion in earlier case law, with a focus on the influence of landmark cases such as PreussenElektra, Stardust Marine or Pearle, the authors analyse the new judgments and show the difficulties practitioners face when applying this criterion to increasingly complex constructions. The most recent judgment of the ECJ in case C-518/13 regarding the use of bus lanes by London cabs is also mentioned.
Keywords: State resources; imputability

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