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Kingdom of Belgium v European Commission  ∙ Case T-538/11  ∙ Annotation by  Romain Ferla and Athene Chanter

Annotation on the Judgment of the General Court of 25 March 2015 in Case T-538/11, Kingdom of Belgium v European Commission

Romain Ferla, Athene Chanter

In March 2015, the General Court dismissed Belgium’s action to annul the Commission’s Decision of 27 July 2011 concerning State aid granted to fund screening tests for transmissible spongiform encephalopathies (TSE) in bovines. The Court held that the funding constituted an advantage which relieved the undertakings concerned of costs that should normally be borne in the course of their business and rejected Belgium's argument that the tests’ aim was to protect public health. Furthermore, the measure was held to be selective as it only benefitted undertakings in the cattle industry.
Keywords: Aid falling under Articles 107(2) and 107(3) TFEU, Advantage, Selectivity

Romain Ferla is an Antitrust/Competition partner and Athene Chanter is an Antitrust/Competition associate from Weil, Gotshal & Manges' Paris office. The views expressed are their own and do not reflect the position of Weil, Gotshal & Manges LLP.


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