Friday, October 22, 2010
Posted by D. Daniel Sokol
M. M. Slotboom (Simmons & Simmons) discusses France Telecom: When is State Aid Financed through State Resources?
ABSTRACT: The France Télécom judgment demonstrates that inventive governments may favour their national industries with government measures that fall outside the scope of Article 107(1) TFEU. The situation at hand is a direct result of the policy choice made by the European Court of Justice (ECJ) in Sloman Neptun, that government measures must result in a transfer of State resources in order to qualify as aid within the meaning of Article 107(1) EC.