ON THE NEED FOR PER SE IMPUTABILITY OF MEASURES TO THE STATE IN EUROPEAN UNION STATE AID LAW
ON THE NEED FOR PER SE IMPUTABILITY OF MEASURES TO THE STATE IN EUROPEAN UNION STATE AID LAW

Summary/Abstract: For a measure to be considered State aid, it must satisfy several cumulative criteria, one of which is that it must be imputable to the State. According to existing case law, it is necessary to establish the actual involvement of authorities in a specific transaction. However, given the changing role of the State in the economy, characterized by a growing reliance on professional market players to fulfil public tasks, proving such active involvement can become challenging. Therefore, in this paper, the author proposes the introduction of per se imputability to the European State aid acquis. That is a rebuttable presumption that a measure originates from the State when actions are taken by State-owned entities or when a particular course of action is mandated by law.

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