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In the awaited  FIH  judgment, the CJEU once again reviewed the question of costs or risks that may be taken into account under the application of the MEOP. It is now clear that the origins of such costs or risks are crucial. What may make sense in terms of economics, which is one of the two components of the MEOP, is not necessarily in line with State aid law. In fact, if based solely on number crunching, the application of the MEOP may frustrate the aim of State aid control that is safeguarding a ‘level playing field’ for all market participants.

european state aid law quarterly

The MEOP in the FIH Case  ∙  C‑579/16 P Commission v FIH  ∙  Annotation by  Małgorzata Cyndecka Annotation on the Judgment of the Court of Justice (Grand Chamber) of 6 March 2018, in Case C‑579/16 P European Commission v FIH Holding and FIH Erhvervsbank (FIH).