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Die Suche erzielte 8 Treffer.

The Government as Purchaser: The MEOP Still Requires a Thorough Examination of All Relevant Circumstances · Joined Cases C‑331/20 P and C‑343/20 P Volotea SA, and easyJet Airline Co. Ltd v European Commission · Annotation by Cees Dekker and Ekram Belhadj Journal Artikel

Annotation of the Judgment of the Court of Justice (Second Chamber) of 17 November 2022 in Joined Cases C‑331/20 P and C‑343/20 P Volotea SA, and easyJet Airline Co. Ltd v European Commission

Cees Dekker, Ekram Belhadj

European State Aid Law Quarterly, Jahrgang 22 (2023), Ausgabe 1, Seite 95 - 100

Even where the government acts as the purchaser of services, an assessment of whether it has acted in accordance with the market economy operator principle requires an examination of all the relevant facts. The fact that the government acted through private companies, that the government pursued public policy objectives or that there was no tender procedure is not a reason to exclude the application of the market economy operator principle, the Court of Justice ruled in this case. The Court of Justice confirmed that the burden of proof as to whether the MEOP has been complied with and whether an advantage has been conferred on a company lies with the Commission.


Covid State Aid Policy for Aviation Backfired · Joined cases T-34/21 and T-87/21 Ryanair and Condor v Commission (Lufthansa; COVID-19) · Annotation by Tania Pantazi Journal Artikel

Annotation of the Judgment of the General Court of 10 May 2023 in Joined cases T-34/21 and T-87/21 Ryanair and Condor v Commission (Lufthansa; COVID-19)

Tania Pantazi

European State Aid Law Quarterly, Jahrgang 22 (2023), Ausgabe 4, Seite 414 - 419

State aid to European airlines during the Covid-19 crisis has been the object of several judgments of the General Court since 2021. This case marks a turn in previous case law, as it annuls the approval of the Commission for multiple reasons of substance relating to misapplication of the Covid State Aid Temporary Framework. The measure at issue was a recapitalisation scheme for one of Europe’s largest airline groups, Deutsche Lufthansa. The decision may affect other pending cases on measures for European airlines.



State Aid and COVID-19: Journal Artikel

With a Particular Focus on the Air Transport Sector

Petar Petrov

European State Aid Law Quarterly, Jahrgang 20 (2021), Ausgabe 4, Seite 461 - 478

The outbreak of COVID-19 has devastating effects on national economies and on various business sectors. To prevent even harder consequences, Member States have adopted various support packages in order to support the hardest-hit businesses, including air carriers and airports. In order to support Member States’ initiatives, the European Commission has adopted temporary applicable State aid rules deemed more appropriate to these extraordinary circumstances. Without surprise, the rather fast authorisation of a number of State aid support schemes has open the door to litigation, giving the EU courts the occasion to rule on a number of matters. Given the importance of air carriers for both Member States’ economies and connectivity, the current paper focuses on the impact of COVID-19 on air carriers and on the recent State aid developments in this field. Keywords: support schemes; COVID-19; Temporary Framework; airlines; aviation; non-discrimination; balance of interests




The Concepts of State Resources and Imputability in a Case of Aid Granted Through an Intermediary · Case T-607/17 Volotea · Annotation by Federico Macchi Journal Artikel

Annotation of the Judgment of the General Court of the European Union (First Chamber) of 13 May 2020 in Case T-607/17 Volotea v European Commission

Federico Macchi

European State Aid Law Quarterly, Jahrgang 19 (2020), Ausgabe 3, Seite 365 - 371

The judgment concerns a case of aid granted by national authorities to airlines, through airports operators which were found to be acting as mere intermediaries. In the reasoning of the Court, the first question to establish the presence of aid in favour of airlines was the presence of State resources and imputability to the State of the transfer made by the airports operators to the airlines. This note aims at providing some thoughts on the application of the criteria on State resources and imputability, and their interaction.


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