With its judgment of 8.11.2022, the ECJ’s Grand Chamber put an end to the Commission’s recent case practice on transfer pricing rulings. In 32 paragraphs (paras 81-112), it seems to have demolished an 8-year laborious effort of the Commission’s DG COMP and Legal Service to employ State aid rules against the advance transfer pricing agreements…

Following its exit from the European Union, the UK is no longer bound by the EU’s rules governing public subsidies.  At the end of April 2022, the UK Parliament passed the Subsidy Control Act 2022, which sets out a new framework for granting and controlling public subsidies.  The Act is expected to enter into full…

Exactly one year after the European Commission (Commission) proposed the Anti-Subsidy Regulation (the Regulation) (discussed on KCLB already here and here), on May 5, 2022, EU legislators launched their “trilogue” negotiations to reach an agreement on the final text. The Regulation is a global first. It combines elements of traditional merger control, EU State aid review…

On 24 February 2022, Russia invaded the territory of Ukraine and triggered the largest European war since 1945. The war has led to unprecedented loss of human lives and the biggest refugee crisis since World Word II, according to the UNHCR. At this stage, the economic impact of the war is difficult to predict. Some…

On 2 September 2021, the Court of Justice (C-57/19 P) overturned the Judgment of the General Court of 15 November 2018 in the case Tempus Energy v Commission (T-793/14). In its ruling, the Court of Justice provided extensive guidance on which elements may (not) give rise to “doubts” as to the compatibility of a State…

For many Britainophiles in the EU, the noise of the Brexiteers and their shouting about “world-beating Britain” during the last five years of the departure process have been hard to bear. However, the constant banging has also at times obscured the excellent work still being carried out by legal minds on the other side of…

On March 4, 2021, the Court of Justice (‘CJEU’) delivered a judgment in the State aid case Fútbol Club Barcelona (C-362/19 P), quashing the ruling of the General Court of February 26, 2019 (T-865/16) and upholding the Commission’s Decision of July 3, 2016 (SA.29769). In its judgment, the CJEU provided helpful guidance to assess the…

In the last decade, the EU scene has been characterised by a more flexible application of State aid rules, partially due to the persistent emergencies across the continent. But this trend has not significantly affected the application of Art. 106(2) TFEU or, more generally, the rules governing the financing of services of general economic interest…

Amidst a never-ending stream of news related to COVID-19, it went somewhat under the radar that another European flag carrier airline has been grounded – Montenegro Airlines. The halt of operations of the airline up came as a result of the inability of the government to further subsidize the loss-making carrier, due to state aid…

It is the same old story which we have heard many times before: Ryanair boss O’Leary is currently using strong words to complain about Corona subsidies granted to his competitors. His cursing is neither original nor surprising, but a variation on his favourite theme: Ryanair sees itself at a competitive disadvantage with other players that…