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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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