Sami Hartikainen

European State Aid Law Quarterly, Jahrgang 21 (2022), Ausgabe 3, Seite 316 - 320

In State aid law, the question of economic continuity often arises when assets of a failing company are sold to a third party. The crucial question is whether the recovery of illegal aid shall be extended to the new owner, if the latter has paid market price for the assets. While the answer still depends on the actual circumstances of a case, the latest judgment in case Fortischem suggests that economic continuity is rather rule than an exception and that a new owner can not easily avoid the obligation to repay illegal aid, especially if the assets are used in a similar manner as by the previous owner. However, the Court of Justice does not go as far as the General Court in ignoring the significance of market price in the assessment.

Ilkka Aalto-Setälä, Henrik J. Koivuniemi

European State Aid Law Quarterly, Jahrgang 21 (2022), Ausgabe 4, Seite 449 - 452

The Finnish State aid saga in the bus transport sector has become to a provisional end, as the General Court found in Cases T-597/19 and T-603/19 that certain measures taken by the City of Helsinki constituted unlawful State aid. The judgement showcases various interesting aspects of State aid law, particularly procedural rights of interested parties in the context of economic continuity. This annotation introduces the procedural matters at issue in Case T-603/19 and walks through the Court’s reasoning.

Sami Hartikainen

European State Aid Law Quarterly, Jahrgang 19 (2020), Ausgabe 3, Seite 359 - 364

Economic continuity is not a new topic in State aid recovery cases. However, a final satisfactory solution has yet to be established. The significance of the purchase price in asset deals especially remains unclear. The General Court’s judgment would seem to suggest that the question of as to whether an asset deal is made as ‘a going concern’ might be a more decisive factor than the price. While the case remains under appeal before the Court of Justice, taking a closer look at the details of the case is already warranted.

Jean-Alexandre Vaglio

European State Aid Law Quarterly, Jahrgang 18 (2019), Ausgabe 3, Seite 418 - 423