Updates & Corrigenda

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Dear Reader of "Essential EU Competition Law in Charts, 2011 Edition". Please take note of the following updates and corrigenda:

Update | p. 67

Page: 067 Chapter: 4. State aid Chart Number: C50 Chart Title: The term “state aid”

The box in the 3rd row, in the middle, entitled “By the State:” must read:

By the State:
• The advantage must be attributable to an EU Member state (rather than e.g. to the EU).
Can be directly or indirectly, i.e. through public or private bodies established or appointed by the State in order to administer the aid; Kwekerij Gebroeders van der Kooy (1988).

The box in the 3rd row, to the right hand side, must read:

There must be an advantage for “certain undertakings or the production of certain goods” in comparison with other undertakings that are in a comparable legal and factual situation; e.g. Commission v Italy (1974), Azores (2006), Gibraltar (2011).


The box in the 4th row, to the left hand side, entitled “The market economy investor principle”, must read:

The market economy investor principle

There is no state aid if the State action takes place under normal market conditions and terms.

• Test: Would a private investor act likewise, i.e. is the behaviour commercially justified?
• Test first established in Leeuwaarder Papierfabriek (1985), more recently e.g. EDF (2012).


The box in the 5th row, to the left hand side, entitled “Determination of the market value of assets”, must read:

Determination of the market value of assets

• Public auction/procurement: assumption in favour of the highest/lowest price respectively;
• Valuation of assets by an independent appraiser.

_ E.g. in the context of shares: Commission Decision IBZH (2001), Commission Decision UNIPETROL (2004).


Published: 20 August 2014