What is the status quo of the Commission’s Notice on the Notion of Aid given recent judgments that challenge various concepts such as ‘economic activity’ and ‘effect on trade’?

The European Commission’s Notice on the Notion of State Aid aims to contribute to a consistent application of the concept of aid and particularly to identify when public investments do not contain State aid in the light of Article 107(1) TFEU. As such, it provides guidance on the main principles of the notion of undertaking, the presence of an economic activity, financing through State resources and the presence of an economic advantage for the beneficiary.

In practice, it remains challenging to define the lines between economic and non-economic activities, between State and private resources as well as between advantage and non-advantage. For each of them, the precise delineation has to take account of further element provided in various recent court judgments.

To understand the Commission’s approach and practice regarding State aid, this intensive seminar will discuss various elements of the Notice on the Notion of Aid taking into consideration latest rulings of the courts and Commission decisions.