All Things Newz
Law \ Legal

The EU General Court Dismisses Appeals In Landmark State Aid Rulings – Trials & Appeals & Compensation



To print this article, all you need is to be registered or login on Mondaq.com.

The EU General Court has dismissed the City of Helsinki’s
and Helsingin Bussiliikenne’s appeals completely in landmark
state aid rulings.

We represent the largest Nordic bus company Nobina in a state
aid matter concerning the loans given by the City of Helsinki to
its fully owned bus company Helsingin Bussiliikenne Oy (HelB). We
have supported Nobina by preparing a complaint to the EU Commission
in 2011, and then assisted Nobina throughout the Commission’s
multi-year investigation which resulted in a 2019 decision that the
state aid is unlawful and must be paid back. The Commission ordered
both HelB and the new company that had purchased HelB’s assets
to pay back the illegal state aid of approximately EUR 54 million
plus interest because the aid had distorted the bus market in the
Helsinki region. After Helsinki and HelB appealed the
Commission’s decision, Dittmar & Indrenius acted for Nobina
in the EU General Court (cases T-597/19 and T-603/19) by supporting
the Commission.

On the 14 September 2022, the EU General Court dismissed
Helsinki’s and HelB’s appeals completely and ordered
Helsinki and HelB to pay the Commission’s and Nobina’s
legal fees.

The consequence of the judgements is that municipalities should
be increasingly aware of the limits to how they can support their
own companies. Also, those who buy a company or its assets should
be aware that they could be jointly and severally liable to pay
back the illegal state aid with the company that received it.

The cases are linked below:

T-597/19

T-603/19

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

POPULAR ARTICLES ON: Litigation, Mediation & Arbitration from European Union

Case Law Updates – August 2022

Barton Legal

This was an application before Mrs Justice Jefford, for early specific disclosure from the Defendant; Broadway Malyan Limited (“BM”).



Source link

Related posts

CFTC’s Enforcement Of Fraudulent And Manipulative Pump-and-Dump Scheme In Crypto Commodities – Commodities/Derivatives/Stock Exchanges

Horace Hayward

ASIC extends 30 June 2022 reporting deadlines for unlisted entities – Financial Services

Horace Hayward

Binding Death Benefit Nominations (BDBNs) and Self-Managed Superannuation Funds (SMSFs): High Court decision in Hill v Zuda as Trustee for the Holly Superannuation Fund [2022] HCA 21 – Wills/ Intestacy/ Estate Planning

Horace Hayward