MARIO BARBANO, Corporate groups receiving aid from more than one Member State: first thoughts on the General Court KLM II ruling (T-146/22)

ABSTRACT – In the KLM II ruling, the EU General Court addresses the issue of corporate groups that, by virtue of their ‘pan-European’ dimension, received aid from several Member States during the COVID-19 emergency (7 February 2024, Case T-146/22). After setting the relevant factual scenario, this paper comments on the Court’s reasoning on the locus standi of the competitor, the application of the ‘single economic unit’ criterion and the distinction between indirect advantage and secondary economic effects of the aid. Drawing comparisons with the extensive case-law on COVID-related aid (the so-called Ryanair cases), some possible repercussions on State aid law enforcement are discussed, especially in light of the principle of sincere cooperation on which the Court established an obligation for Member States to coordinate measures addressed to the same group of companies.

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