State Aid for SGEI – Services of General Interest
Posted on Thursday 29 September 2011
Four proposals from the Commission have been presented regarding the application of state aid rules to Services of General Economic Interest. These are services of general interest (SIG) for which there are a market. The Court of Justice of the European Union defines the market aspect of SGEI case-by-case. Their legal praxis serves as guidance for further interpretation.
Services of general interest are still undefined but are decided by the Member States.
The State Aid rules are fundamental application of the Internal market and are as such controlled by the Commission. Their proposals, communications and guidance documents, also provide information on the Commissions interpretation of both the SGI-legislation as well as of the courts legal praxis of market.
Note that the Commissions interpretations of the legislation or court rulings are not in any way legally binding or even necessarily unquestionable.
The four proposals from the Commission are:
- Draft Communication on the application of the European Union State aid rules to compensation granted for the provision of services of general economic interest
- Draft Decision on the application of Article 106(2) of the Treaty on the Functioning of the European Union to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest
- Draft Regulation on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing Services of General Economic Interest
- Draft Communication: EU framework for State aid in the form of public service compensation (2011)
All proposals are available here in all languages