Advantage is one of the four cumulative criteria that determine whether the EU state aid regime is applicable. Here we look at advantage in relation to compensation for public service obligations. In its Altmark ruling of 2003 the CJEU has fashioned a four part test that, if met, means that the...

There is a popular perception that a culture of bureaucracy in the public sector is pervasive. Public servants have a reputation for being too preoccupied with following a strict interpretation of the rules to worry about satisfying the consumers that rely on their services. Many would consider...

One of the criticisms against the new rules applicable to the granting of State aid to finance the provision of services of general economic interest in the "Almunia package" is that enforcement is likely to be their weakest point. Similarly, in the more general setting of the "private"...

Services of General Economic Interest (SGEI) have been subject to long debate. The Altmark-ruling in 2003 aimed at providing clarity with respect to how SGEI should be treated in state aid. Since 2008, however, evidence was missing how these criteria are applied in practice by the CFI. As the...

National interest, also as a critisism against the pradigm of New Public Management (NPM), is very much emphasised nowadays in public policies, even in sector ones. This article is about a removal from the classical meaning of general (public) interest to that new approach represented by certain...

Where the provision of healthcare services involves undertakings (entities engaged in the provision of goods and/or services on a market) these are subject to the EU state aid rules. State aid questions are raised in particular regarding the compensation for public service provision, which may...

This paper is a contribution to the 2nd edition of Craig and de Búrca, The Evolution of EU Law. It highlights key trends in EU law in the last ten to fifteen years, as regards the regulation of network industries and of services of general economic interest (SGEIs) more generally. Our central...

In its BUPA Case of February 2008 the Court of First Instance set a new standard for assessing whether public service compensation constitutes a state aid and/or is covered by the exception for services of general economic interest. At issue was risk equalisation between providers of private...

This study is an exploration of the results of recent studies of cloud computing, comparing them with economic and policy findings in studies of other industries that have been thought to provide infrastructural, utility services

In this article, I review the literature on public utilities. Public utilities include a wide range of industries, such as electricity, water, telecommunications, cable television, and railroads, among others. These industries share similar characteristics. I first examine utilities generally,...