‘State’ Aid or Not – This Is the Question journal article Philipp Werner, Marcello Caramazza European State Aid Law Quarterly, Volume 18 (2019), Issue 4, Page 519 - 527 This article provides an overview of the interpretation by the Court of Justice of the European Union (CJEU) of the criterion of ‘State resources’ as an essential element for the definition of State aid provided under Article 107 (1) TFEU. In 2019, the CJEU issued four important judgments (ENEA, EEG, Tercas and Achema) towards clarifying when a measure can or cannot be considered as implemented using State resources, and the elements that the Commission can rely upon to prove the public nature of the resources. In light of earlier Case law in interpreting this criterion (in particular, the landmark Stardust Marine, PreussenElektra, and Pearle Cases), the authors analyse the new judgments and the CJEU’s efforts to strike a balance between the wide interpretation of the concept of ‘State resources’, encompassing public funds and contributions from private actors, and the Commission’s burden of proof in imputing monies to the State.
France ∙ Nicole Coutrelis and Thomas Gourdeau journal article Nicole Coutrelis, Thomas Gourdeau European State Aid Law Quarterly, Volume 16 (2017), Issue 4, Page 639 - 641
Judgment By Formula: Regulatory Form and the Differentiation of Fiscal Measures and Non-Fiscal Measures in EU State Aid Law Christopher McMahon