Micula case

On 25 January 2022 the CJEU has annulled the ruling of the General Court in the famous Micula case which has given rise to intense debate for years amongst EU State aid experts (CJEU, Case C-638/19 P, ECLI:EU:C:2022:50). The first instance court had seen the...

Aid „sui generis“

As long ago as in 2019 the CJEU has refused to accept an aid block – exempted under the Commission´s General Block Exemption Regulation by its own self-assessment as „authorised” and therefore existing aid (see CJEU, judgment of 5.3.2019, Case C-347/17, Eesti Pagar, ECLI:EU:C:2019:172 and...

The Sale of certain assets of the famous Nürburging race track

It is a false belief widely entertained in the world of EU State aid law that in a case where the State sells a property it owns by way of an open, transparent and non-discriminatory tender procedure the one placing the highest bid will be...

Fitness-Check for EU State aid rules

By its press release of 7 January 2019 the European Commission announced that the end of the current Multiannual Financial Framework would raise the necessity to have a significant number of legal frameworks, guidelines and regulations to be put to a fitness check. Hence, it...

Openings of formal investigation under Court pressure

It has been a feature common to EU State aid control that complaints against alleged undue advantages of competitors have, quite regularly so, proven to be a dragging and tiresome business. In most cases the complaints got rejected at the very end of this process....

Classical three-step analysis maintained

On 19 December 2018 the Grand Chamber of the European Court of Justice ruled on a preliminary request by Germany´s  Federal Finance Court that had asked whether exemptions from the real property transfer tax which may under certain conditions be granted in the context of...

Appeal Rulings in the Case of the German “Sanierungsklausel

On 28 June 2018  the European Court of Justice handed down all-in-all four rulings by which it decided on the appeals lodged against the first instance judgments of the EU General Court in the case concerning the German “Sanierungsklausel” (see Cases C – 219/16 P,...