Nowe podejście Komisji Europejskiej do publicznego finansowania budowy infrastruktury transportowej – konsekwencje orzeczenia w sprawie Leipzig-Halle
The new approach of the European Commission to public financing of the construction of transport infrastructure. Consequence of the Leipzig Halle judgement

Summary/Abstract: Transport infrastructure requires significant funding from public sources. The question therefore arises as to whether public financing of transport infrastructure constitutes state aid. The approach of the European Commission to the application of EU state aid rules to transport infrastructure investment projects has significantly changed in recent years. According to the Commission, its new approach is the consequence of the Leipzig Halle judgments. As underlined by the Commission, since the Leipzig Hallejudgement, Member States can no longer deny that the financing of any kind of infrastructure is governed by EU state aid rule provided that infrastructure is later subject to commercial exploitation. A contrario, only the financing of infrastructure that is later not commercially exploited (such as public roads, motorways not operated by a concessionaire open to general public) is in principle excluded from the applicability of EU state aid rules. The article describes the most important issues related to the current approach to the application of EU state aid rules to the public financing of transport infrastructure

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