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Is Belgium and Forum 187 v. Commission a Suitable Legal Source for an EU "At Arm’s Length Principle"? journal article

Tony Joris, Wout De Cock

European State Aid Law Quarterly, Volume 16 (2017), Issue 4, Page 607 - 616

This article revisits the facts and merits of the Belgium and Forum 187 v. Commission judgment of the European Court of Justice. The European Commission refers to this 2006 judgment to justify the use of an at arm’s length principle in its controversial State aid decisions on advance pricing agreements. We will argue that the European Court of Justice did not intend to establish and endorse such principle in this judgment and that the Commission therefore overstretches the impact of this judgment. Keywords: Belgium; Forum 187; Coordination Centres; Advance Pricing Agreements; At Arm’s Length Principle.


State Aid Policy in the EU Member States journal article

Caroline Buts, Tony Joris, Marc Jegers

European State Aid Law Quarterly, Volume 12 (2013), Issue 2, Page 330 - 340

It’s a Different Game They Play

The European Union is almost the only international organisation with a system of State aid control. The main reasons for the existence of this system are ensuring a level playing field within the EU internal market, avoiding subsidy races between EU Member States and preserving economic and social welfare. Despite this EU system of control and a WTO agreement documenting a wider international consensus to limit State aid, large amou


The Concept of an “Economic Unit” in State Aid Matters and the Deggendorf Principle journal article

Tony Joris

European State Aid Law Quarterly, Volume 11 (2012), Issue 1, Page 149 - 162

ACEA, active in the electricity and water sectors, received unlawful and incompatible aid from the Italian State. The aid, granted under a scheme, was to be recovered. New individual aid, intended to also benefit ACEA and to support an energy saving project, was found compatible with the internal market. However, the European Commission opened a formal investigation procedure, based on the principle laid down by the Deggendorf case law, allowing it to

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