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Rousse Industry AD v Commission  ∙ Case C-271/13 P ∙ Annotation by Iveta Stoycheva and Eva Škufca journal article

Annotation on the Judgment of the Court of Justice of the EU of 20th March 2014 in Case C-271/13 P, Rousse Industry AD v European Commission.

Iveta Stoycheva, Eva Škufca

European State Aid Law Quarterly, Volume 14 (2015), Issue 1, Page 166 - 173

The CJEU dismissed Rousse Industry’s appeal against General Court judgment and confirmed the established application of the private creditor principle in case of debt restructurings. Not only should public authorities and public undertakings consider whether their actions are in compliance with State aid rules when granting a loan or having it rescheduled, but also when the times comes for the loan to be repaid and, if necessary, also duly enforced. The CJEU has confirmed in the Rousse Industry case that a Member State’s inaction to recover the due loan may constitute illegal and incompatible State aid, regardless of the nature of the initial measure. Keywords: Market Economy Investor Principle, Debt enforcement, Debt restructuring, Existing aid, New aid, Private Investor Principle, Private creditor test, Regulation, Rescue and restructuring aid.


Restructuring Aid Granted Prior to the Accession of a Member State to the EU: “Existing Aid” under Article 1(b) of Regulation No 659/1999? journal article

Iveta Stoycheva, Mariya Papazova

European State Aid Law Quarterly, Volume 12 (2013), Issue 4, Page 646 - 649

Opinion on Decision of the Court of Justice of the European Union of 29 November 2012 in Case 262/11 Kremikovtzi AD v the Minister of the Economy, Energy and Tourism and the Deputy Minister of the Economy, Energy and Tourism.

I. Introduction In Decision C-262/111 the Court of Justice of the European Union (“ECJ” or the “Court”) considered that restructuring measures implemented prior the accession of a Member State to the European Union does no

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