The Government as Purchaser: The MEOP Still Requires a Thorough Examination of All Relevant Circumstances · Joined Cases C‑331/20 P and C‑343/20 P Volotea SA, and easyJet Airline Co. Ltd v European Commission · Annotation by Cees Dekker and Ekram Belhadj journal article Annotation of the Judgment of the Court of Justice (Second Chamber) of 17 November 2022 in Joined Cases C‑331/20 P and C‑343/20 P Volotea SA, and easyJet Airline Co. Ltd v European Commission Cees Dekker, Ekram Belhadj European State Aid Law Quarterly, Volume 22 (2023), Issue 1, Page 95 - 100 Even where the government acts as the purchaser of services, an assessment of whether it has acted in accordance with the market economy operator principle requires an examination of all the relevant facts. The fact that the government acted through private companies, that the government pursued public policy objectives or that there was no tender procedure is not a reason to exclude the application of the market economy operator principle, the Court of Justice ruled in this case. The Court of Justice confirmed that the burden of proof as to whether the MEOP has been complied with and whether an advantage has been conferred on a company lies with the Commission.
Judgment By Formula: Regulatory Form and the Differentiation of Fiscal Measures and Non-Fiscal Measures in EU State Aid Law Christopher McMahon