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The  Andres  judgement has often been seen as a Milestone on selectivity, but in essence it is not. It rather deals with the absence of an advantage.  In this contribution the author revisits  Andres  and concludes that, from a transactional perspective set forth in  Sigma Alimentos Exterior , the outcome could well have been different. He also points out that Andres opened up a loophole to the state aid regime that could be exploited by providing targeted relief to over-inclusive anti-abuse measures.  He concludes that it is primarily up to national legislators and domestic courts to guard against disproportional tax measures.  Milestones Preview: this annotation is based on a chapter of the upcoming second edition of the book 'Milestones in State Aid Case Law' (Lexxion 2022).

european state aid law quarterly

Andres: The Unfinished Business of a Seemingly Selective Non-Advantage· Case C-203/16 P Dirk Andres v European Commission · Annotation by Raymond Luja Annotation on the Judgment of the Court (Second Chamber) of 28 June 2018 in Case C-203/16 P Dirk Andres v European Commission