The case law on the application of EU State aid law to sales and privatisations is scarce. With its two judgements in Ja zum Nürburgring and NeXovation Inc., the Court of Justice has given some indication as to what was not an open, transparent, non-discriminatory and unconditional tender process, but the requirements needed for such a process to exclude the existence of a State aid have not been finally defined yet.
The Nürburgring Cases and How Much Procurement-Like Procedure Do We Need for Lawful Aids?
Roberto Caranta
2023-01-01
Abstract
The case law on the application of EU State aid law to sales and privatisations is scarce. With its two judgements in Ja zum Nürburgring and NeXovation Inc., the Court of Justice has given some indication as to what was not an open, transparent, non-discriminatory and unconditional tender process, but the requirements needed for such a process to exclude the existence of a State aid have not been finally defined yet.
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