Public Authority or Economic Activity in the Context of Public Infrastructures: An Assessment of the European Commission’s Policy After Leipzig-Halle
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Public Authority or Economic Activity in the Context of Public Infrastructures : An Assessment of the European Commission’s Policy After Leipzig-Halle. / Nielsen, Rasmus Grønved; Holdgaard, Rass; Ølykke, Grith Skovgaard.
In: ESTAL - European State Aid Law Quarterly, Vol. 18, No. 3, 7, 10.2019, p. 274-292.Research output: Contribution to journal › Conference article › Research › peer-review
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TY - GEN
T1 - Public Authority or Economic Activity in the Context of Public Infrastructures
AU - Nielsen, Rasmus Grønved
AU - Holdgaard, Rass
AU - Ølykke, Grith Skovgaard
PY - 2019/10
Y1 - 2019/10
N2 - The introduction of a more economic approach in State aid control should be viewed as a healthy development. However, before subjecting public spending to the constraints of thorough economic analysis it is necessary to ask whether State aid control is requisite and meaningful at all. A corner stone of this assessment is to determine the dividing line between exercise of public authority and economic activities. In this paper, we raise concerns about the Commission’s recent approach to distinguishing between exercise of public authority and economic activity in the context of general transport infrastructure. The Commission’s approach and notably its new focus on the concept of ‘commercial exploitation’ may overstretch existing case law and thus the notion of aid. It is concluded that the Commission should return to a more nuanced and specific assessment of each activity when it draws this important line.
AB - The introduction of a more economic approach in State aid control should be viewed as a healthy development. However, before subjecting public spending to the constraints of thorough economic analysis it is necessary to ask whether State aid control is requisite and meaningful at all. A corner stone of this assessment is to determine the dividing line between exercise of public authority and economic activities. In this paper, we raise concerns about the Commission’s recent approach to distinguishing between exercise of public authority and economic activity in the context of general transport infrastructure. The Commission’s approach and notably its new focus on the concept of ‘commercial exploitation’ may overstretch existing case law and thus the notion of aid. It is concluded that the Commission should return to a more nuanced and specific assessment of each activity when it draws this important line.
KW - Faculty of Law
KW - State aid
KW - Concept of undertaking
KW - Public authority
KW - Economic activity
KW - General infrastructure
U2 - https://doi.org/10.21552/estal/2019/3/7
DO - https://doi.org/10.21552/estal/2019/3/7
M3 - Conference article
VL - 18
SP - 274
EP - 292
JO - European State Aid Law Quarterly
JF - European State Aid Law Quarterly
SN - 1619-5272
IS - 3
M1 - 7
Y2 - 5 October 2018 through 5 October 2018
ER -
ID: 199415483