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Economic or Non-Economic, that is the Question · Case T-747/17 UPF · Annotation by Jakub Kociubiński

Annotation on the Judgment of the General Court (Sixth Chamber) of 30 April 2019 in Case T-747/17 Union des Ports de France v European Commission


Jakub Kociubiński

The Case T-747/17 Union des Ports de France (UPF), an annulment action brought against the European Commission (EC, the Commission) Decision declaring the tax exemption in favour of French ports constitutes a State aid within the meaning of Article 107(1) TFEU, deserves attention primarily for the Court’s view of the differentiation between beneficiaries’ economic and non-economic activities according to which there is no threshold of non-economic activities carried out by one entity required to categorize it as entirely non-economic. The Case also involves distinguishing between individual aid and aid scheme; an assessment of the effect on competition and trade between Member States and the application of principles of proportionality and sound administration. The admissibility hinges on whether the EC Decision addressed to France could be of ‘direct and individual’ concern to a professional association – UPF.
Keywords: Taxation, Economic Activity, Non-Economic Activity, State Prerogatives

Dr hab Jakub Kociubiński LLM, PhD, DSc – Associate Professor at the Chair of International and European Law, Faculty of Law, Administration and Economics, University of Wrocław. For correspondence: <>. ORCID: 0000-0002-4391-7439.


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