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The case law on the application of EU State aid law to sales and privatisations is scarce. With its two judgments in  Ja zum   Nürburgring  and  NeXovation ,    the Court of Justice has given some indication as to what was not an open, transparent, non-discriminatory and unconditional tender process, but the requirements needed for such a process to exclude the existence of a State aid have not yet been finally defined.

european state aid law quarterly

The  Nürburgring Cases and How Much Procurement-Like Procedure Do We Need for Lawful Aids? · Annotation by Roberto Caranta Annotation on the judgments of the Court of Justice (Fourth Chamber) of 2 September 2021, in Case 647/19 P Ja zum Nürburgring eV v Commission and Case C-665/19 P NeXovation v Commission.