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Author: Antonios Bouchagiar

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Hinkley Point C: Trimming the SAM, While Extending the Reach of Wider EU Law Infringements? journal article

Leigh Hancher, Antonios Bouchagiar

European State Aid Law Quarterly, Volume 20 (2021), Issue 4, Page 529 - 545

The judgment of the Court of Justice in the Hinkley case provides food for thought on several fundamental questions of EU State aid law. The present article discusses two of them. First, the authors analyse the role (if any) of objectives of common interest in the assessment of compatibility of aid under Article 107(3)(c) TFEU, as well as the manner in which the Commission should balance the positive against the negative effects of such aid. Second, the authors explore how strong the link of relevance should be between an aid measure and an alleged breach of other EU law (outside the field of State aid) for such a breach to affect the compatibility assessment of the aid. The authors analyse whether the Hinkley judgment has lowered the threshold for finding such a link in comparison to the previous case-law requiring an 'indissoluble link', which could have significant institutional implications. Keywords: Hinkley; objective of common interest; indissoluble link; energy Milestones Preview: this article is based on a chapter of the upcoming second edition of the book 'Milestones in State Aid Case Law' (Lexxion 2022).

When Do Funds Become State Resources journal article

The Notion of Aid in View of the Recent EEG and Achema Judgments

Antonios Bouchagiar

European State Aid Law Quarterly, Volume 19 (2020), Issue 1, Page 19 - 28

The case-law on the notion of ‘State resources’ includes several landmark cases, where the Court of Justice has carefully delineated the scope of the Commission’s jurisdiction under EU State aid law. The present article aims at presenting a consistent interpretation of that case-law, starting from the Sloman Neptun judgment in 1993 up to the very recent judgments in EEG and in Achema in 2019. Although an isolated reading of the latter two judgments may give the impression that they contradict each other, the author is of the view that such impression would be erroneous and based on incomplete information. When seen in the full context of the case-law on the notion of ‘State resources’, those two judgments are perfectly complementary. The article concludes by presenting the three alternative situations where State resources would be present according to the case-law as it stands today. Keywords: State resources; Notion of aid; State control.

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