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Port of Izola: An Appreciable Twist in State Aid Law? · Case T-728/17 Marinvest-Porting · Annotation by Edwin Schotanus

Annotation on the Judgment of the General Court (Second Chamber) of 14 May 2019 in Case T-728/17 Marinvest d.o.o. and Porting d.o.o. v European Commission

DOI https://doi.org/10.21552/estal/2019/3/14

Edwin Schotanus


Under the Case law of the Court of Justice (CJ), aid measures are very quickly considered to affect competition and trade between Member States (inter-State trade). Nonetheless, in certain clear, specific situations, this will not seem to be the case. The European Commission is constantly seeking ways to dispose of such issues fast, in order to focus on more harmful types of State aid. This pragmatic approach by the Commission is at odds with the CJ’s principled application of the criteria ‘effect on competition’ and ‘effect on inter‑State trade’, and may sometimes result in inconsistent Decisions. Legal certainty would be furthered by a CJ ruling about the Commission’s pragmatic approach.
Keywords: effect on inter-State trade; effect on competition; appreciability; State aid.

Edwin Schotanus is a lawyer at KienhuisHoving.

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