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Economic continuity is not a new topic in State aid recovery cases. However, a final satisfactory solution has yet to be established. The significance of the purchase price in asset deals especially remains unclear. The General Court’s judgment would seem to suggest that the question of as to whether an asset deal is made as ‘a going concern’ might be a more decisive factor than the price. While the case remains under appeal before the Court of Justice, taking a closer look at the details of the case is already warranted.

european state aid law quarterly

Economic Continuity in a State Aid Recovery Case · Case T-121/15 Fortischem · Annotation by Sami Hartikainen Annotation on the Judgment of the General Court (Sixth Chamber) of 24 September 2019 in Case T-121/15 Fortischem v Commission