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Public Activities on Commercial Markets: The Issue of Cross-Subsidisation journal article

Michael Honoré

European State Aid Law Quarterly, Volume 16 (2017), Issue 2, Page 181 - 192

Public authorities are increasingly engaging in economic activities. This may give problems of competitive neutrality, as also highlighted by the OECD. The purpose of this article is to illustrate some of the complex – and often overlooked - State aid issues that may arise when an economic activity is carried out by a public authority, with particular emphasis on the issue of aid (cross-subsidisation) at the level of the public undertaking. It is contended that State aid law is a potent instrument for private operators faced with competing public undertakings, and that State aid law may in fact impose requirements upon public authorities in terms of accounting separation and benchmarking, which go further than the requirements under e.g. the State Aid Transparency Directive and antitrust-law (including Articles 101, 102 and 106 TFEU). Keywords: Notion of Advantage; Cross-Subsidisation; Public Undertakings; Separation of Accounts; Implied and Unlimited Guarantees.




Report from the Autumn Conference on European State Aid Law 2011 journal article

Michael Honoré, Charlotte Fornø

European State Aid Law Quarterly, Volume 11 (2012), Issue 2, Page 527 - 531

On 2 December 2011 roughly 100 stakeholders from various member States were assembled in the Academic Building at the Leiden University for a day of talks and debates on a range of State aid issues. I. Introduction The EStAL autumn conference was held on Friday 2 December 2011 at the University of Leiden, following a State aid workshop held on Thursday 1 December 2011. The conference took place in the beautiful and historic setting


Damages in State Aid Cases journal article

Michael Honoré, Nanna Eram Jensen

European State Aid Law Quarterly, Volume 10 (2011), Issue 2, Page 265 - 286

In a series of recent judgments concerning unlawful State aid, the Court has emphasized that national courts may be required to uphold claims for compensation for damage caused by reason of the unlawful nature of the aid. Nevertheless, recent studies show that so far there have been no cases in which competitors have actually been awarded damages. The main obstacle to a successful action for damages seems to be the requirement to prove causation and/o


Selectivity and Taxation – Reflections in the Light of Case C-487/06 P, British Aggregates Association journal article

Michael Honoré

European State Aid Law Quarterly, Volume 8 (2009), Issue 4, Page 11

I. Introduction The judgment of the Court of First Instance (CFI) in the British Aggregates Association received considerable attention, due to both its conclusions and its reasoning. It has been described as “highly innovative” and several commentators suggested that the case added a new dimension to the classic selectivity test in the area of taxation. However, the judgment of the European Court of Justice (ECJ) made it clear that the CFI went too f


The Standing of Third Parties in State Aid Cases journal article

Michael Honoré

European State Aid Law Quarterly, Volume 5 (2006), Issue 2, Page 16

I. Introduction Companies wishing to bring proceedings against a Commission decision must first satisfy the conditions of standing laid down in Article 230(4) of the EC Treaty by demonstrating that they are directly and individually concerned by the decision in question. As regards the notion of individual concern in the field of State aid, the case law of the Community courts has since the rulings of the European Court of Justice (ECJ) in Cases Cook1

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