In December 2011 the European Commission updated its original SGEI package of 2005 in which it spelled out under which conditions public service compensation constituted aid but was compatible with the internal market. As such both versions of the Package complement the 2003 Altmark ruling of...

The relationship between public procurement and State aid control rules had been controversial for a long time. However, a growing academic consensus and, more significantly, the official position of the European Commission, ruled out that the award of a public contract can amount to the grant...

This chapter assesses the use of public procurement to enforce labour standards from a competition and State aid perspective, and concentrates on the establishment of contract compliance clauses under the rules of Article 26 of Directive 2004/18/EC and Article 70 of Directive 2014/24/EU and in...

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...

This paper aims to assess the likelihood that State aid enforcement can be revitalised in the post-crisis period as a result of the 2012-2014 State aid modernisation process (SAM). The paper takes the view that State aid enforcement was left in a difficult impasse as a result of the...

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...

The lingering pandemic and associated lockdown measures have undoubtedly an impact on banks’ balance sheets. It is expected that the ratio of banks’ non-performing loans (NPLs) will raise significantly once Member States fully unwind the support measures introduced to contain the impact of...

The directives and regulations on banking crisis management approved in the years 2013-2014 established inflexible limits on the use of public financial resources. This political choice of the European legislature could cause administrative authorities to find themselves with their hands tied in...