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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The number of misconduct reports to the Financial Conduct Authority (FCA) has doubled in the past five years, after a series of industry scandals highlighted the reputational and regulatory risks involved
It’s game, set but not quite match for the All England Lawn Tennis Ground (AELTG) in its dream of expanding its West London grounds
One in four partners at top 50 and one in five at top 250 firms are considering leaving their firm in the next three years, according to a survey by TBD Marketing
A flat-rate, ‘events-based’ redress scheme for families of postmasters severely affected by the Horizon IT miscarriage of justice scandal is due to open in the summer
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