Analysis: “Statutory Monopoly on Transport Infrastructure and State Aid Control” by Ivan Lazarov
For a measure to be captured by Article 107 TFEU, it should inter alia (i) distort or threaten to distort competition and (ii) affect the trade between the Member States. The present Analysis looks into these two criteria by examining the most recent case law of the Court of Justice in the area in Scandlines Danmark and Scandlines Deutschland v Commission (joined cases C-174/19 P and C-175/19 P). While the case poses a number of other issues, the questions on the existence of competition in the market and the impact on trade between the Member States are the central points of development of the case law – for a more general overview of the case see this brief News Alert.
The facts of the case are uncomplicated. They concern a proj