4 November 2019
State aid: Advantage
The approach taken by the Commission, which consisted in examining whether the compensation paid to the applicant by the Member State concerned further to the elimination of the double charging of heavy goods vehicles for the use of the same section of road exceeded the compensation obligation imposed by national legislation in favor of the latter as a motorway concession holder, and unduly improved its financial situation, is justified in assessing the existence of an economic advantage.
GC, Case T-778/17 Autostrada Wielkopolska S.A, Judgment of 24 October 2019, LawLex201900001292JBJ
State aid: Operating aid
The compensation paid to the recipient undertaking, which resulted from the taking into consideration of a higher internal rate of return than it could have expected just before the amendment of the law, constitutes an economic advantage in the form of operating aid which is incompatible with the internal market, since it did not contribute to regional development.
GC, Case T-778/17 Autostrada Wielkopolska S.A, Judgment of 24 October 2019, LawLex201900001292JBJ
