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State Aids in the Light of Environmental Protection, Rural Development, and the Right to Property · Case C-251/21 Piltenes meži · Annotation by Eleni Leftheriotou and Katerina Nikolaidou journal article

Annotation on the Judgment of the Court (Seventh Chamber) of 28 April 2022 in Case C-251/21 'Piltenes meži' SIA v Lauku atbalsta dienests

Eleni Leftheriotou, Katerina Nikolaidou

European State Aid Law Quarterly, Volume 21 (2022), Issue 4, Page 430 - 435

In this case note we comment the findings of Case C-251/21 regarding Article 30 of Regulation (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development. In particular, the aid applied for in respect of a micro-reserve, created in a forest in pursuance of the objectives of Directive 2009/147/EC on the conservation of wild birds, falls within the scope of Article 30. Furthermore, we comment as well as that  Commission Regulation (EU) No 702/2014 declaring certain categories of aid in the agricultural and forestry sectors and in rural areas that are compatible with the internal market in application of Articles 107 and 108 TFEU has the meaning that aid applied for on the basis of Regulation No 1305/2013, in respect of a micro-reserve created in a forest in pursuance of the objectives of Directive 2009/147, by an undertaking in difficulty, within the meaning of Article 2(14) of Regulation No 702/2014, cannot be declared compatible with the internal market under the latter Regulation.


Economic Continuity in a State Aid Recovery Case · Case T-121/15 Fortischem · Annotation by Sami Hartikainen journal article

Annotation on the Judgment of the General Court (Sixth Chamber) of 24 September 2019 in Case T-121/15 Fortischem v Commission

Sami Hartikainen

European State Aid Law Quarterly, Volume 19 (2020), Issue 3, Page 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.

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