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Author: Nina Niejahr

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Commission v MOL Magyar Olaj-és Gázipari Nyrt ∙ Case C-15/14P  ∙ Annotation by  Nina Niejahr journal article

Annotation on the Judgment of the Court of Justice of 4 June 2015 in Case C-15/14 P, European Commission v MOL Magyar Olaj-és Gázipari Nyrt.

Nina Niejahr

European State Aid Law Quarterly, Volume 14 (2015), Issue 3, Page 443 - 448

In case C-15/14 P, Commission v MOL, the ECJ upheld the earlier judgment of the GC (Case T-499/10) which annulled a 2010 Commission decision ordering Hungary to recover alleged State aid of approximately €112 million from MOL, the Hungarian oil and gas company. The ECJ agreed that the Commission had failed to establish selectivity of the alleged aid measure. The ECJ reiterates the basic principles of selectivity and clarifies the limits of this notion and the Commission’s resulting obligations when assessing the application of provisions of general law that allow authorities some measure of discretion in individual cases. In addition, an agreement between a Member State and a company, which does not contain State aid elements at the time of its conclusion, does not automatically become State aid if following a subsequent legislative measure which also is not State aid, that company appears to be in a more favourable position than its competitors. The author argues that these are welcome clarifications of the limits of selectivity and the notion of State aid at a time where the Commission seems to be on a path of expanding State aid control beyond established grounds. The judgment further strengthens the role of the GC in carefully scrutinizing Commission decisions. Keywords: Appeal, Notion of an aid measure, Two subsequent non-aid measures considered as aid, Selectivity, Burden of proof, Discretion of national authorities to impose charges or to grant exemptions

It may be zero! CJEU highlights national courts’ authority to review and determine amounts of aid to be recovered journal article

Nina Niejahr

European State Aid Law Quarterly, Volume 13 (2014), Issue 4, Page 707 - 711

Annotation on the Judgment of the Court of Justice of 13th of February 2014 in Case C-69/13 Mediaset SpA v Ministerio dello Sviluppo Economico

Mediaset III, the judgment in Case C-69/13 on a preliminary ruling request from an Italian court, follows the earlier unsuccessful direct appeals by Mediaset before the GC and the CJEU of a 2007 Commission decision ordering recovery of incompatible indirect aid granted

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