Jurisdiction(s):
United Kingdom

Key definition

State aid definition

What does State aid mean? In practice, state aid refers to public financial support that selectively benefits businesses and risks distorting competition or trade. Under EU law (Articles 107-109 TFEU and case law), it covers advantages granted through state resources that favour certain undertakings or goods and affect trade between Member States. Typical measures include grants, loans, guarantees, tax reliefs, equity injections and land or services below market value. Unless covered by the General Block Exemption Regulation or de minimis rules, aid must be notified to and approved by the European Commission; unlawful aid can be recovered with interest. In Great Britain, the EU state aid...

Case C-51/20: Greece penalised for failure to recover unlawful State aid to Larco (ferronickel); CJEU clarifies insolvency recovery and rejects European Parliament seat criterion for penalties

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Practice notes

CASE HUB ARCHIVED

This archived case hub represents the position as at the judgment of 20 January 2022; it is no longer updated. See further: timeline and relevant/related cases.

Case facts

Outline

Proceedings were instituted by the Commission against Greece for failing to comply with the Court of Justice’s 2017 ruling in Case C-481/16, which upheld a Commission decision concluding that certain financial support granted by Greece to Larco General Mining & Metallurgical Company S.A (Larco) constituted unlawful State aid (Case SA.34572).

Latest developments

On 20 January 2022, the Court of Justice delivered its judgment holding that (1) Greece did not fulfil its obligations to give effect to the 2017 judgment and (2) that this non-compliance persisted up to the Court of Justice’s assessment of the facts.

Parties

Appellant: European Commission (the Commission)
Respondent: Greece

Background

Within its economic adjustment programme, Greece pursued a privatisation programme. Larco, a State-owned enterprise, was identified for privatisation. In March 2012, the Hellenic Republic Asset Development Fund (HRADF), established in July 2011 to manage the privatisation process, notified the Commission of the proposed privatisation of Larco. In April 2012, the Commission...

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Web page updated on 27/05/2026

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