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Pollmeier Massivholz v European Commission  ∙ Case T-89/09   ∙ Annotation by  Lucyne Ghazarian

Annotation on the Judgment of the General Court (First Chamber) of March 17th 2015 in Case T-89/09, Pollmeier Massivholz v European Commission

Lucyne Ghazarian

The General Court (GC) clarified that the judgement of the European Court of Justice (ECJ) on December 11th 2008 in Freistaat Sachsen/Commission does not apply to existing State aid according to Article 1 (b) (ii) of Regulation 659/1999. Therefore, the European Commission (EC) has to apply the law that was valid at the time the measure was granted. Further, the judgment contributes to the assessment of the ratione temporis and ratione materiae of the de minimis Regulations No (EC) 1998/2006 and No (EC) 69/2001 and the method to determine the gross grant equivalent. In absence of an approved general State aid scheme and if an applicable Notice orders a specific method to determine the gross grant equivalent, this method is binding both to the Commission and to the Member State. Finally, the GC held that a hypothetical mitigation of future burden is not similar to subsidies in the meaning of Article 107(1) TFEU.
Keywords: Advantage, General Issues, New Aid v Existing Aid, Procedure before the Commission

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


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