Marianne Clayton, Maria Segura, Gaétan Roelants

European State Aid Law Quarterly, Volume 20 (2021), Issue 3, Page 444 - 446

Maria Segura, Alix Mengin

European State Aid Law Quarterly, Volume 20 (2021), Issue 4, Page 572 - 577

In its judgment of 21 October 2020 regarding the request for a preliminary ruling from the French Conseil d’État in Case C-556/19 Eco TLC, the Court of Justice addresses the interpretation of the notion of ‘State resources’ under Article 107, paragraph 1, of the TFEU in the context of an extended producer responsibility scheme established in France. The system requires undertakings producing TLC products (textile, household linen and footwear) to cover the costs for management of waste from these products by paying a contribution to an eco-body, approved by the State which enters into agreements with sorting operators and provides them the necessary financial support for the recycling and treatment of said waste. The judgment confirms the necessity of a detailed and nuanced assessment of the facts of each case when it comes to the analysis of the criterion State resources. The outcome may have been surprising for the referring Court, as well as for practitioners, but follows a coherent approach with previous case law such as the EEG judgment or the landmark case PreussenElektra.

Marianne Clayton, Maria Segura

European State Aid Law Quarterly, Volume 20 (2021), Issue 2, Page 301 - 303

Marianne Clayton, Maria Segura

European State Aid Law Quarterly, Volume 19 (2020), Issue 1, Page 85 - 85

Marianne Clayton, Maria Segura

European State Aid Law Quarterly, Volume 19 (2020), Issue 2, Page 243 - 245

Marianne Clayton, Maria Segura, Lara Manuel

European State Aid Law Quarterly, Volume 19 (2020), Issue 3, Page 372 - 377

On 13 May 2020, the General Court of the EU rendered three judgments on the actions brought by Volotea, easyJet and Germanwings seeking the annulment of Commission Decision SA.33983. In this Decision, the Commission had inter alia concluded that the aid scheme ‘Compensation to Sardinian airports for public service obligations’ entailed the grant of incompatible aid to several airlines that had concluded commercial agreements with airport operators for the development of the island as a tourist destination. The General Court analysed in these judgments each of the criteria of the notion of State aid on its own merits and provided particularly worth-noting reasoning on concepts such as imputability, indirect advantage, the application of the MEOP or the definition of aid scheme.

Marianne Clayton, Maria Segura

European State Aid Law Quarterly, Volume 19 (2020), Issue 3, Page 398 - 399

Marianne Clayton, Maria Segura

European State Aid Law Quarterly, Volume 19 (2020), Issue 4, Page 542 - 545

Maria Segura, Egill Olafsson, Marianne Clayton

European State Aid Law Quarterly, Volume 18 (2019), Issue 1, Page 3 - 14

One of the many and still unresolved questions raised by the discussions surrounding Brexit is that of its implications on State aid rules. The consequences for the UK and for both the EU and the European Economic Area are still unknown. The options are diverse and still open to much speculation. In this article, we will focus on the EEA model. Because it is not that well-known, the scope of the EEA agreement and the way it functions will firstly be presented. Indeed, some specificities of the EEA framework, amongst which the principle of homogeneity, deserve explanations as a cornerstone for the application of State aid rules within the EU and the EEA. Finally, the actual different options regarding State aid control post-Brexit within the UK, EU and EEA will be discussed. To conclude, attention will be devoted to the concerns regarding the continuation of the EEA Agreement as it stands and the future homogeneous application of State aid rules. Keywords: State aid control; Brexit; Homogeneity principle.

Maria Segura, Alix Mengin, Marianne Clayton

European State Aid Law Quarterly, Volume 18 (2019), Issue 1, Page 102 - 104