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 (Judgment) Request for a preliminary ruling – Competition – State aid – Article 107(1) TFEU – Concept of ‘State aid’ – Property tax on immovable property – Tax exemption Citations: C-522/13, [2014] EUECJ C-522/13 Links: Bailii Statutes: TFEU 107(1) Jurisdiction: European Taxes – Other Updated: 16 August 2022; Ref: scu.537476
ECJ Judgment – State aid – Airport charges – Lubeck Airport – Decision to initiate the procedure provided for in Article 108, paragraph 2, TFEU – Article 107, paragraph 1, TFEU – Manifest error of assessment – Article 10 of Regulation ( EC) 659/1999 Citations: T-461/12, [2014] EUECJ T-461/12 Links: Bailii Statutes: Regulation ( EC) … Continue reading Hansestadt Lubeck v Commission: ECFI 9 Sep 2014
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
ECJ Judgment – Reference for a preliminary ruling – State aid – State guarantee underwriting a loan – Decision 2011/346/EU – Questions concerning validity – Admissibility – Article 107(1) TFEU – Statement of reasons – Effect on trade between Member States – Article 107(3)(b) TFEU – Serious disturbance in the economy of a Member State … Continue reading Estado portugues v Banco Privado Portugues And Massa Insolvente Do Banco Privado Portugues: ECJ 5 Mar 2015
ECJ Judgment – State aid – Aid to support the deployment of next generation broadband networks in the Cornwall and Isles of Scilly region – Decision declaring the aid compatible with the internal market – Article 107(3)(c) TFEU – Action for annulment – No substantial effect on the competitive position – Locus standi – Procedural … Continue reading Vtesse Networks v Commission: ECFI 5 Nov 2014
Appeal – State aid – Article 107(1) TFEU – Article 108(2) and (3) TFEU – Regulation (EU) 2015/1589 – Article 4 – Member State legislation on business property taxation – Methods for valuation of property used to calculate the basis of assessment of the rate payable – Complaint from wind farm operators – Allegation of … Continue reading Irish Wind Farmers’ Association and Others v Commission (State Aid – Member State Legislation On Business Property Taxation – Methods for Valuation of Property – Judgment): ECJ 17 Nov 2022
Appeal – State aid – Aid planned by the United Kingdom in favour of Hinkley Point C nuclear power station – Contract for Difference, Secretary of State Agreement and Credit Guarantee – Decision declaring the aid compatible with the internal market – Public interest objective – Investment aid -Operating aid -Article 107(3)(c) TFEU – Article … Continue reading Austria v Commission (Appeal – Sate Aid – Aid Planned By The United Kingdom In Favour of Hinkley Point Nuclear Power Station – Opinion): ECJ 7 May 2020
ECJ Judgment – Reference for a preliminary ruling – Articles 49 TFEU, 54 TFEU, 107 TFEU and 108(3) TFEU – Freedom of establishment – State aid – Taxation of groups of companies – Acquisition of a holding in a subsidiary – Depreciation of the goodwill – Limitation on holdings in resident companies Citations: ECLI:EU:C:2015:661, [2015] … Continue reading Finanzamt Linz v Bundesfinanzgericht, Aussenstelle Linz: ECJ 6 Oct 2015
ECJ (Freedom Of Establishment) (Opinion) The court looked at the competition implications of the control of licensing of pharmacies. Citations: C-570/07, [2009] EUECJ C-570/07 – O, C-571/07, [2009] EUECJ C-571/07 – O Links: Bailii, Bailii Cited by: Opinion – Blanco Perez v Chao Gomez ECJ 1-Jun-2010 ECJ Article 49 TFEU Directive 2005/36/EC Freedom of establishment … Continue reading Blanco Perez v Chao Gomez: ECJ 30 Sep 2009
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the CJEU. Held: The stay was lifted. Judges: Lady Hale, Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lord Sales … Continue reading Micula and Others v Romania: SC 19 Feb 2020
Constitutions Compatibility with EU law ECJ (Judgment) Reference for a preliminary ruling – Article 267 TFEU – Interlocutory procedure for review of constitutionality – Examination of whether a national law complies with both EU law and with the Constitution of the Member State concerned – Discretion enjoyed by a national court to refer questions to … Continue reading Kernkraftwerke Lippe-Ems GmbH v Hauptzollamt Osnabruck: ECJ 7 Dec 2011
ECJ State aid – Articles 107 TFEU and 108 TFEU – Benefits granted by a public airport operator to a low-cost airline – Decision to initiate a formal investigation procedure in respect of that measure – Obligation of Member States’ courts to abide by the Commission’s assessment in that decision concerning the existence of aid‘It … Continue reading Deutsche Lufthansa Ag v Flughafen Frankfurt-Hahn Gmbh, Intervener Ryanair Ltd: ECJ 21 Nov 2013
Judgment – State aid – German air transport market – Loan granted by Germany to Condor Flugdienst – Decision declaring the aid compatible with the internal market – Article 107(3)(c) TFEU – Guidelines on State aid for rescuing and restructuring undertakings in difficulty – Intrinsic difficulties that are not the result of an arbitrary allocation … Continue reading Ryanair v Commission (Condor; Aide Au Sauvetage): ECFI 18 May 2022
Reference for a preliminary ruling – Article 45 TFEU – Directive 2004/38/EC – Article 7 – ‘Worker’ – Union citizen who gave up work because of the physical constraints of the late stages of pregnancy and the aftermath of childbirth Judges: A Tizzano (Rapporteur), P Citations: ECLI:EU:C:2014:2007, [2015] 1 CMLR 5, [2014] Imm AR 1076, … Continue reading Saint Prix v Secretary of State for Work and Pensions: ECJ 19 Jun 2014
Financial Provisions : Judgment – Reference for a preliminary ruling – Article 325 TFEU – Judgment of 8 September 2015, Taricco and Others (C-105/14, EU:C:2015:555) – Criminal proceedings for infringements relating to value added tax (VAT) – National legislation laying down limitation periods liable to prevent the prosecution of infringements – Activities affecting the financial … Continue reading Mas and MB v Presidente del Consiglio dei Ministri: ECJ 5 Dec 2017
Judgment – Appeal – State aid – Article 107(1) TFEU – Public broadcasting service – Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark – Concept of ‘aid granted by a Member State or through State resources’ Citations: C-656/15, [2017] EUECJ C-656/15 Links: Bailii Jurisdiction: European Media Updated: 01 April 2022; … Continue reading Commission v Tv2/Danmark (State Aid – Public Broadcasting Service): ECJ 9 Nov 2017
(Judgment) Reference for a preliminary ruling – State aid – Article 107 (1) TFEU – Concept of’ State aid ‘- Concepts of’ undertaking ‘and’ economic activity ‘- Other conditions for the application of Article 107 (1) TFEU – Article 108 (1) and (3) TFEU – Concepts of ‘existing aid’ and ‘new aid’ – Agreement of … Continue reading Congregacion De Escuelas Pias Provincia Betania: ECJ 27 Jun 2017
ECJ (Judgment) Appeal – State aid – Article 107(1) TFEU – Article 106(2) TFEU – Measures taken by the Danish authorities in favour of the Danish public service broadcaster TV2/Danmark – Compensation for the costs involved in the performance of public service obligations – Decision declaring the aid compatible with the internal market Citations: [2017] … Continue reading Viasat Broadcasting UK v Commission: ECJ 8 Mar 2017
ECJ (Advocate Generals Opinion) Competition – State aid – Article 107(1) TFEU – Spanish tax on constructions, installations and works – Tax exemption for the Catholic Church – Demarcation between economic and non-economic activities of the Catholic Church – Activities of the Catholic Church which do not pursue a strictly religious purpose – Activities in … Continue reading Congregacion De Escuelas Pias Provincia Betania v Ayuntamiento de Getafe: ECJ 16 Feb 2017
Judgment – Reference for a preliminary ruling – State aid – Aid implemented by the Kingdom of Belgium in favor of the financial cooperative societies of the ARCO group – Deposit insurance schemes – Directive 94/19 / EC – Scope of application – Guarantee scheme protecting The shareholdings of associates, natural persons, of cooperative companies … Continue reading Vervloet and Others v Ministerraad: ECJ 21 Dec 2016
ECJ Judgment – Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/22 / EC – Universal service – Articles 12 and 13 – Calculation of the cost of universal service obligations – Article 32 – Compensation of costs relating to compulsory additional services – Direct effect – Article 107 (1) … Continue reading TDC A/S v Teleklagenaevnet, Erhvervs-og Vaekstministeriet: ECJ 21 Dec 2016
ECJ Judgment – State aid – Digital television – Support for the deployment of digital terrestrial television in remote and less urbanized areas of Castilla-La Mancha – Decision declaring aid incompatible with the internal market – Concept of undertaking – Economic activity – Advantage – Service of general economic interest – Distortion of competition – … Continue reading Spain v Commission T-808/14: ECFI 15 Dec 2016
ECJ Judgment – Appeal – State aid – Article 107 (1) TFEU – Taxation – Company tax – Deduction – Amortization of goodwill arising from at least 5% equity participation by undertakings domiciled in Spain Undertakings domiciled outside that Member State – Concept of ‘State aid’ – Condition relating to selectivity C-20/15, [2016] EUECJ C-20/15 … Continue reading Commission v World Duty Free Group SA: ECJ 21 Dec 2016
ECJ Judgment – Appeal – State aid – Operation of Video Lottery Terminals – Grant by a Member State of an exclusive licence – Decision finding no State aid – Article 108(3) TFEU – Regulation (EC) No 659/1999 – Articles 4, 7 and 13 – Failure to initiate the formal investigation procedure – Concept of … Continue reading Club Hotel Loutraki and Others v Commission: ECJ 21 Dec 2016
ECJ (Judgment) State aid – Sports Facilities provided by non-profit organizations – operating or investment Grants to afford to build, operate, maintain, rebuild or develop sports installations without lucrative purpose – Decision declaring the aid compatible with the internal market – Article 107, paragraph 3, c) TFEU – Action for annulment – individual concern – … Continue reading Hamr – Sport v Commission: ECFI 12 May 2016
ECJ (Judgment) Appeal – State aid – Compensation payments made by the Greek Agricultural Insurance Organisation (ELGA) in 2008 and 2009 – Decision declaring aid incompatible with the internal market and ordering its recovery – Concept of ‘State aid’ – Article 107(3)(b) TFEU – Guidelines for State aid in the agricultural sector – Obligation to … Continue reading Greece v Commission (Judgment): ECJ 8 Mar 2016
ECJ Judgment – State aid – Digital television – Aid for the deployment of digital terrestrial television in remote and less urbanized areas in Spain – Decision declaring the aid partly compatible and partly incompatible with the internal market – State resources – Economic activity – Advantage – Effect on trade between Member States and … Continue reading Navarra De Servicios Y Tecnologias v Commission: ECFI 26 Nov 2015
ECJ Judgment – State aid – Digital television – Aid for the deployment of digital terrestrial television in remote and less urbanized areas in Spain – Decision declaring the aid partly compatible and partly incompatible with the internal market – Advantage – Economic Interest Service General – Article 107, paragraph 3, c) TFEU – New … Continue reading Comunidad Autonoma Del Pais Vasco And Itelazpi v Commission: ECFI 26 Nov 2015
ECJ Judgment – State aid – Digital television – Aid for the deployment of digital terrestrial television in remote and less urbanized areas in Spain – Decision declaring the aid partly compatible and partly incompatible with the internal market – Advantage – Economic Interest Service General – Article 107, paragraph 3, c) TFEU – New … Continue reading Abertis Telecom And Retevision I v Commission: ECFI 26 Nov 2015
Judgment – State aid – Digital television – Aid for the deployment of digital terrestrial television in remote and less urbanized areas in Spain – Decision declaring the aid partly compatible and partly incompatible with the internal market – Advantage – Economic Interest Service General – Article 107, paragraph 3, c) TFEU – New aid … Continue reading Comunidad Autonoma De Cataluna and CTTI v Commission: ECFI 26 Nov 2015
ECJ Judgment – State aid – Digital television – Aid for the deployment of digital terrestrial television in remote and less urbanized areas in Spain – Decision declaring the aid partly compatible and partly incompatible with the internal market – Concept of undertaking – Economic activity – Advantage – Service of general economic interest – … Continue reading Comunidad Autonoma De Galicia v Commission: ECFI 26 Nov 2015
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 – Sale of agricultural land by public authorities – National provision allowing the competent authorities to object to the sale of agricultural land where the price offered is considered ‘grossly disproportionate’ to the market value – Advantage granted to certain … Continue reading BVVG odenverwertungs-und-verwaltungs GmbH v Erbs and others: ECJ 16 Jul 2015
ECJ Judgment – State aid – Financial sector – State Guarantee accompanying a bank loan – Aid to remedy a serious disturbance in the economy of a Member State – Article 107, paragraph 3, sub b) TFEU – Decision declaring the aid incompatible with the common market – Guidelines on State aid for rescuing and … Continue reading Banco Privado Portugues And Massa Insolvente Do Banco Privado Portugues v Commission: ECFI 12 Dec 2014
ECJ Judgment – State aid – Provisions relating to corporation tax for companies tax resident in Spain to amortize the goodwill resulting from equity investments in companies tax resident abroad – Decision calling this help to plan State declaring the aid incompatible with the common market and ordering its recovery – Concept of State aid … Continue reading Banco Santander And Santusa v Commission: ECFI 7 Nov 2014
ECJ (Advocate General’s Opinion) (French Text) Appeal – Right to petition the European Parliament – Articles 20 TFEU and 227 TFEU – Article 44 of the Charter of Fundamental Rights of the European Union – Lack of jurisdiction of the Petitions Committee to decide on the issues – Decision to the petition – Action for … Continue reading Schonberger v Parliament: ECJ 17 Jul 2014
ECJ Preliminary ruling – Directives 93/13/EEC and 2008/48/EC – Application ratione temporis and ratione materiae – Acts Prior to the accession of Romania to the European Union – Charter of Fundamental Rights of the European Union – Implementation implementation of EU law – None – clearly lacking – Articles 49 TFEU and 56 TFEU – … Continue reading Tudoran And Others v SC Suport Colect SRL: ECJ 3 Jul 2014
ECJ State aid – Financial sector – Aid intended to remedy a serious disturbance in the economy of a Member State – Article 107(3)(b) TFEU – Decision declaring the aid compatible with the internal market – Conditions for approval of the aid – Acquisition ban – Whether consistent with the Commission communications concerning aid to … Continue reading ABN Amro Group Nv v European Commission: ECJ 8 Apr 2014
ECJ Preliminary ruling – Article 107 TFEU – Meaning of” State aid ‘- National legislation in case of non-payment of tax, a requirement for the taxpayer to pay the concessionaire service recovery, a amount totaling 9% are on the docket as income collection activities – Description factual – Insufficient – Manifest inadmissibility J. L. da … Continue reading Acanfora v Equitalia Sud SpA – Officer riscossione di Latina: ECJ 27 Feb 2014
ECJ Article 107(1) TFEU – State aid – Concept of ‘State resources’ – Concept of ‘imputability to the State’ – Inter-trade organisations in the agricultural sector – Recognised organisations – Common activities decided on by those organisations in the interests of trade – Financing by means of contributions introduced on a voluntary basis by those … Continue reading Doux Elevage Snc v Ministere De L’Agriculture, De L’Alimentation, De La Peche: ECJ 30 May 2013
eventech_parkECJ1409 ECJ Advocate General’s Opinion – State aid – Concept of ‘aid’ under Article 107(1) TFEU – Rules governing access to and use of public infrastructure – Authorisation granted to taxis but not to private hire vehicles to use the bus lanes in the Greater London Area – Transfer of State resources – Selectivity – … Continue reading Eventech, Regina (On The Application of) v The Parking Adjudicator: ECJ 24 Sep 2014
State aid – Toll-motorway concession – Law providing for an exemption from tolls for certain vehicles – Compensation granted to the concession holder by the Member State for loss of revenue – Shadow toll – Decision declaring aid incompatible with . .
Judgment – Appeal – Placing of plant protection products on the market – Regulation (EC) No 1107/2009 – Renewal of the approval of the active substance glyphosate – Implementing Regulation (EU) 2017/2324 – Action for annulment brought by an . .
ECJ Judgment – State aid – Digital television – Aid for the deployment of digital terrestrial television in remote and less urbanized areas in Spain – Decision declaring the aid partly compatible and partly . .
References: ECLI:EU:T:2014:186, [2014] EUECJ C, [2014] EUECJ C Links: Bailii, Bailii ECJ Ratio State aid – Financial sector – Aid intended to remedy a serious disturbance in the economy of a Member State – Article 107(3)(b) TFEU – Decision declaring the aid compatible with the internal market – Conditions for approval of the aid – … Continue reading Abn Amro Group Nv -V- European Commission: ECJ 8 Apr 2014