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Die Suche erzielte 3 Treffer.


The Approaching Sunset of the Marketing Agreement Loophole · Case T‑79/21 Ryanair DAC and Others v European Commission · Annotation by Tamás Kende and Gábor Puskás Journal Artikel

Annotation on the Judgment of the General Court of the Court of Justice of the European Union (Ninth Chamber) of 14 June 2023 in Case T‑79/21 Ryanair DAC and Others v European Commission

Tamás Kende, Gábor Puskás

European State Aid Law Quarterly, Jahrgang 22 (2023), Ausgabe 3, Seite 329 - 336

On 14 June 2023, the General Court of the Court of Justice of the European Union delivered its judgment on the latest Ryanair case involving Montpellier airport.1 The applicants had challenged the European Commission's decision that the State provides illegal State aid not only when it orders a service at a price other than the market price, but also when it has no real need for that service, no matter how much it pays for it. The scope of application of the ‘real need’ test and criteria of the Commission’s assessment of the real needs of state entities may become a new battleground, and soon.


Do Member States Grant State Aid When They Act as Regulators? Journal Artikel free

Phedon Nicolaides

European State Aid Law Quarterly, Jahrgang 17 (2018), Ausgabe 1, Seite 2 - 18

When Member States act as regulators, they need not maximise revenue from the granting of permits, licences or concessions rights. However, they must grant permits, licences or concession rights on the basis of procedures which are open, transparent, non-discriminatory and unconditional. This article argues that qualitative selection criteria may not in fact support the effective achievement of the stated regulatory objectives and, as a result, they may confer an advantage and transfer State resources to the chosen undertakings. Since the concept of State aid does not depend on policy aims or intentions, the regulatory objectives of the authority that grants the exclusive permits, licences or concessions should be irrelevant. EU law does not prevent Member States from using procedures that can aim simultaneously at revenue maximisation and achievement of public policy objectives. Keywords: Competitive Selection; Regulation; Non-Discrimination.

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