The ECJ on State Aid and Loss Trafficking: A Missed Opportunity?

Abstract:

On 18 July 2013, the European Court of Justice (ECJ) issued an interesting ruling (P Oy) on the Finnish rules for 'loss trafficking'. In particular, the ruling addresses the question whether the Finnish loss trafficking rules can be considered as either existing or new (presumed) State aid within the meaning of Article 108, paragraphs 1 and 3 of the Treaty on the Functioning of the European Union. In this article, the author discusses the P Oy ruling of the ECJ. Also, a generic overview on the rules for loss trafficking in the Member States in the European Union is provided for the analysis of the potential impact on the P Oy ruling on the loss trafficking rules in other Member States.