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Another Turn in the MEOT-Burden of Proof Saga or Just Clarification of the MEOT-Stages? · Case C-148/19P BTB · Annotation by Cees Dekker

Annotation on the Judgment of the Court of Justice of 7 May 2020 in Case C-148/19P BTB Holding Investments SA and Duferco Participations Holding SA v European Commission

Cees Dekker


Keywords: market economy operator test, ex-post valuation, economic evaluation

When applying the market economy operator test the Commission is required to conduct the examination procedure for the measures in question carefully and impartially in order to take its final decision on the existence and, where applicable, incompatibility or illegality of the aid on the basis of information which is as complete and reliable as possible. This case, read in context with other recent case law and Commission decisions shows that the Commission still has to prove an actual advantage and, on the other hand, the Member State may submit ex-post (e)valuations that could prove that no advantage was conferred on the beneficiary.

Cees Dekker, Partner at Nysingh advocaten-notarissen N.V. and guest lecturer on State aid Law at the University of Amsterdam. For correspondence: <>.


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