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The search returned 3 results.

Shedding Light into the ‘Black Box’ of State Aid: journal article

The Impact of Hinkley Point C on the Assessment of the Compatibility of State Aid

Phedon Nicolaides

European State Aid Law Quarterly, Volume 20 (2021), Issue 1, Page 4 - 14

The article argues that the judgment of the Court of Justice in case C-594/18 P Austria v Commission, which appeared to limit the criteria that the Commission uses to determine the compatibility of State aid, may have a positive impact on State aid control if it makes the assessment of the Commission more transparent. There is a need for greater transparency in the ‘weighing’ of the positive and negative effects of State aid and the ‘balancing’ of those effects. The weighing and balancing of the effects of State aid are not easy tasks. But it will be necessary for the Commission to be more explicit about the model it relies on to conclude that aid is compatible or not. Keywords: Article 107(3)(c) TFEU; compatibility with internal market; common interest; affectation of trade; distortion of competition; Hinkley Point C


Common Interest as a Condition for State Aid Compatibility journal article

Stig Eidissen

European State Aid Law Quarterly, Volume 19 (2020), Issue 4, Page 452 - 463

According to long-standing Commission practice, State aid must aim at or contribute to an objective of common interest to qualify as compatible with the internal market. In the recent judgment Hinkley Point C, the Court of Justice rejected the pursuit of an objective of common interest as a condition for compatibility pursuant to Article 107(3)(c) TFEU. This article takes a closer look at the origin and content of the common interest condition. Further, it discusses whether the Hinkley judgment establishes a precedent to reject a common interest condition entirely, and the possible consequences of such a precedent for State aid law and policy going forward. Keywords: State aid; compatibility; compensatory justification; common interest; judicial review


Applicability of the EU State Aid and Environmental Rules in the Nuclear Energy Sector · Case C‑594/18 P Republic of Austria v Commission ('Hinkley Point')· Annotation by Alicja Sikora journal article

Annotation on the Judgment of the Court of Justice (Grand Chamber) of 22 September 2020 in Case C‑594/18 P Republic of Austria v Commission

Alicja Sikora

European State Aid Law Quarterly, Volume 19 (2020), Issue 4, Page 515 - 520

In its judgment of 22 September 2020 in Case C-594/18 P Austria v Commission (the Hinkley Point judgment), the Court of Justice addressed a number of issues pertaining to the applicability of the EU State aid and environmental rules to the nuclear energy projects under the Euratom Treaty. Although it is not strictly speaking revolutionary for the State aid regime, the Hinkley Point judgment significantly contributes to the wider development of Union law. First, it brings further clarity regarding the links between the Euratom Treaty and the other Treaties on which the Union is founded. Secondly, it addresses a long-standing issue of relationship between the environmental protection and the objective of safeguarding trade and competition within the internal market, even though without bringing a clear-cut definitive answer to all related questions.

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