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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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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