The MEOP in the FIH Case ∙ C‑579/16 P Commission v FIH ∙ Annotation by Małgorzata Cyndecka journal article Annotation on the Judgment of the Court of Justice (Grand Chamber) of 6 March 2018, in Case C‑579/16 P European Commission v FIH Holding and FIH Erhvervsbank (FIH). Małgorzata Agnieszka Cyndecka European State Aid Law Quarterly, Volume 17 (2018), Issue 4, Page 546 - 552 In the awaited FIH judgment, the CJEU once again reviewed the question of costs or risks that may be taken into account under the application of the MEOP. It is now clear that the origins of such costs or risks are crucial. What may make sense in terms of economics, which is one of the two components of the MEOP, is not necessarily in line with State aid law. In fact, if based solely on number crunching, the application of the MEOP may frustrate the aim of State aid control that is safeguarding a ‘level playing field’ for all market participants.
Judgment By Formula: Regulatory Form and the Differentiation of Fiscal Measures and Non-Fiscal Measures in EU State Aid Law Christopher McMahon