ECFI Judgment – State aid – Electricity – Preferential tariffs – Decision to initiate the procedure provided for in Article 108(2) TFEU – Action for annulment – Act not open to challenge – Aid measure fully implemented, in part, as at the date of the decision and, in part, when the action was brought – … Continue reading Alro SA v Commission: ECFI 16 Oct 2014

ECJ Judgment – Failure to fulfill obligations – State aid incompatible with the internal market – Parcel Service contract – Commission decision – Obligation full recovery of aid and modification of the plan for . .

ECJ Judgment – Reference for a preliminary ruling – Articles 107 TFEU and 108 TFEU – State aid – Aid granted in breach of Article 108(3) TFEU – Decision of a Member State court establishing the validity of the contract granting that aid – Res judicata – Interpretation in conformity with EU law – Principle … Continue reading Klausner Holz Niedersachsen v Land Nordrhein-Westfalen: ECJ 11 Nov 2015

ECJ Opinion – State aid – Competence of the Council – Third subparagraph of Article 108(2) TFEU – Existing aid schemes – Proposal for appropriate measures – Effects – Regulation No 659/1999 – Aid for investment in the purchase of agricultural land in Hungary Judges: Mengozzi AG Citations: C-121/10, [2013] EUECJ C-121/10 Links: Bailii Statutes: … Continue reading European Commission v Council Of The European Union: ECJ 17 Jan 2013

ECJ Opinion – Competition – State Aid-Recovery of state aid contrary to EU law – Guarantee given to a loan – Nullity of acts into national law in violation of mandatory provisions of law – Powers of the national courts – Article 108, paragraph 3, third paragraph, TFEU. Judges: Kokott AG Citations: C-275/10, [2011] EUECJ … Continue reading Residex Capital IV CV v Gemeente Rotterdam: ECJ 26 May 2011

ECJ Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons – Article 25 of Annex I to the Agreement – Articles 63 TFEU and 64(1) TFEU – Free movement of capital – Company established under the law … Continue reading Fokus Invest v Finanzierungsberatung-Immobilientreuhand und Anlageberatung GmbH (FIAG): ECJ 11 Feb 2010

(Judgment) Appeal – State aid – Article 108 (2) TFEU – Investment aid – Operating aid – Airport infrastructure – Public funding granted by the municipalities of Gdynia and Kosakowo for the conversion of the airport of Gdynia-Kosakowo – Decision of the European Commission – Aid incompatible with the internal market – Order to recover … Continue reading Commission v Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo: ECJ 11 Mar 2020

(Opinion) Appeal – State aid – Decision to initiate the procedure provided for in Article 108 (2) TFEU – Regulation (EC) No 659/1999 – Article 11 (1) – Suspension order – Possibility of challenging the suspension order – Interest in bringing proceedings despite having lapsed – Use by the Commission of its margin of appreciation … Continue reading Hungary v Commission C-456/18: ECJ 16 Jan 2020

ECJ Judgment – Failure of a Member State to fulfil obligations – Directive 2006/123/EC – Articles 14 to 16 – Article 49 TFEU – Freedom of establishment – Article 56 TFEU – Freedom to provide services – Conditions for issuing vouchers entailing a tax advantage which are provided by employers to their employees and may … Continue reading Commission v Hungary: ECJ 23 Feb 2016

Judgment -(Reference for a preliminary ruling – Articles 107 TFEU and 108 TFEU – Financial crisis – Aid to the financial sector – Compatibility of aid with the internal market – Decision of the European Commission – Financial entity undergoing restructuring – Dismissal of an employee – National rules concerning the levels of redundancy payments … Continue reading Iglesias Gutierrez and Another v Bankia SA and Others: ECJ 15 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – State aid – Article 107(1) TFEU – Concept of ‘State aid’ – Housing aid granted prior to the accession of Hungary to the European Union to certain categories of household – Payment of the aid by credit institutions in exchange for a State guarantee – Article … Continue reading OTP Bank Nyrt v Magyar Allam, Magyar Allamkincstar: ECJ 19 Mar 2015

Judgment – Reference for a preliminary ruling – Freedom of movement for workers – Article 45 TFEU – Equal treatment of non-resident workers – Tax advantage consisting in the exemption of reimbursements paid by the employer – Advantage granted on a flat-rate basis – Workers from a Member State other than that of the place … Continue reading Sopora v Staatssecretaris van Financien: ECJ 24 Feb 2015

ECJ Opinion – Action under Article 108(2) TFEU – State aid – Recovery of incompatible aid – Obligation as to result – Absolute impossibility – National proceedings – Right to effective judicial protection Wahl AG C-527/12, [2014] EUECJ C-527/12 Bailii European Updated: 30 November 2021; Ref: scu.521820