France/SNCM v European Commision ∙ Cases T-366/13 and T-454/13 ∙ Annotation by Adrien Giraud journal article Adrien Giraud European State Aid Law Quarterly, Volume 16 (2017), Issue 3, Page 482 - 486 On 1 March 2017, the General Court confirmed a decision by which the European Commission ordered France to recover €220 million from SNCM. In practice, the judgment has little consequences because of SNCM’s bankruptcy. From a legal standpoint however, the judgment is significant because it refuses to endorse the Commission’s thesis according to which Member States must in all cases evidence a market failure in order to correctly define a SGEI. In other words, the Commission attempted to increase the scope of the control it performs on the definition of SGEIs and the GC – as it has sometimes in the past – refused to condone this approach. Keywords: Altmark; SGEI; Market Failure; Public Service.
Judgment By Formula: Regulatory Form and the Differentiation of Fiscal Measures and Non-Fiscal Measures in EU State Aid Law Christopher McMahon