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22 February 2013
Issue: 7549 / Categories: Case law , Law digest , In Court
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European Union

Frucona Kosice a.s. v European Commission C-73/11P [2013] All ER (D) 103 (Feb)

Under Art 107(1) TFEU, save as otherwise provided in the Treaties, any aid granted by a member state or through state resources in any form whatsoever which distorted or threatened to distort competition by favouring certain undertakings or the production of certain goods was, in so far as it affected trade between member states, incompatible with the internal market. However, the conditions which a measure should meet in order to be treated as “aid” for the purposes of Art 107 TFEU were not met if the recipient undertaking could, in circumstances which corresponded to normal market conditions, have obtained the same advantage as that which had been made available to it through state resources. That assessment was made when a public creditor granted payment facilities in respect of a debt payable to it by an undertaking, by applying, in principle, the private creditor test. That test, where applicable, was among the factors which the Commission was required to take into account for the purposes

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MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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