15 november 2021
Administrative procedure: Commitments
The fact that the Commission considered, at a certain stage of the procedure, that the case could be dealt with by means of the commitments procedure did not prevent it from ultimately imposing a pecuniary penalty on the undertaking after reverting to the standard procedure for finding an infringement.
GC, Case T-612/17 Google LLC, Alphabet, Inc. and Computer & Communications Industry Association, Judgment of 10 November 2021, LawLex202100005855JBJ
State aid: Private operator in a market economy criterion
While the Commission’s review cannot be limited to only those options that the relevant public authority actually took into consideration but must necessarily cover all the options that a private operator would reasonably have envisaged in such a situation, that requirement does not mean that the Commission is required to take into account options which a private operator would not reasonably have envisaged in such a situation.
CJEU, Case C-933/19 P Autostrada Wielkopolska S.A., Judgment of 11 November 2021,LawLex202100005864JBJ
State aid: Prior notification
The obligation of prior notification of new aid by the Member States cannot be regarded as satisfied by notification by the undertaking receiving the aid.
GC, Case T-678/20 Solar Electric Holding and others, Judgment of 10 November 2021, LawLex202100005865JBJ
State aid: Control procedure
Recipients of unlawful aid may bring proceedings before the national courts to have a penalty imposed on the State on account of the explicit or implied refusal by the granting State to comply with its notification obligation sanctioned, but they do not have the right to address a complaint to the Commission for an examination of the compatibility of the aid with a view to having it authorized.
GC, Case T-678/20 Solar Electric Holding and others, Judgment of 10 November 2021, LawLex202100005865JBJ
