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When a Member State Admits an Aid to Be Incompatible · Case T-778/17 Autostrada Wielkopolska · Annotation by Marek Rzotkiewicz

Annotation on the Judgment of the General Court (Ninth Chamber) of 24 October 2019 in Case T-778/17 Autostrada Wielkopolska S.A. v European Commission

Marek Rzotkiewicz


Keywords: motorway concession, tolls, Compensation, loss of revenue, overcompensation, negative decision, incompatible aid, procedural rights

The granting of State support for entities is a politically sensitive subject. Member States often grant aid and then, when questioned by the Commission, defend it vigorously claiming that there was no aid at all, or that such aid was compatible with internal market rules. Different situations, ie in which Member States admit granting aid and also confirm that such aid was incompatible with internal market rules, are rare occasions. In the exceptional cases where Member States may have opposing interests to those of an entity, it is particularly important for the Commission to give the entity the opportunity to submit meaningful comments to defend its rights.

Marek Rzotkiewicz, Legal Advisor, Phd. The author works for the Faculty of Law and Administration at the University Cardinal Stefan Wyszyński in Warsaw, Poland. In the Case T-778/17 Autostrada Wielkopolska EU:T:2019:756, the author acted on behalf of Poland before the Court in favour of the Commission. The views expressed in this annotation are those of the author and do not necessary reflect the opinion of Poland. For correspondence: <>.


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