EStAL - European State Aid Law Quarterly

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The search returned 2 results.

Andreas Bartosch

European State Aid Law Quarterly, Volume 20 (2021), Issue 4, Page 507 - 511

A recent line of jurisprudence as to the dichotomy of what is an economic versus a non –economic activity has, bizarrely so, gone completely unnoticed by commentators. This article seizes the opportunity to present the author´s view why, whilst formally repeating an all-too-well-known line of jurisprudence, the way the Courts have carried out their analysis in fact brings quite some degree of common sense when looking at this very analysis. Keywords: jurisprudence; economic advantage; State aid conditions; State control

Antonios Bouchagiar

European State Aid Law Quarterly, Volume 19 (2020), Issue 1, Page 19 - 28

The case-law on the notion of ‘State resources’ includes several landmark cases, where the Court of Justice has carefully delineated the scope of the Commission’s jurisdiction under EU State aid law. The present article aims at presenting a consistent interpretation of that case-law, starting from the Sloman Neptun judgment in 1993 up to the very recent judgments in EEG and in Achema in 2019. Although an isolated reading of the latter two judgments may give the impression that they contradict each other, the author is of the view that such impression would be erroneous and based on incomplete information. When seen in the full context of the case-law on the notion of ‘State resources’, those two judgments are perfectly complementary. The article concludes by presenting the three alternative situations where State resources would be present according to the case-law as it stands today. Keywords: State resources; Notion of aid; State control.

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