EU ANTITRUST: HOT TOPICS & NEXT STEPS

Prague, Czechia

EU ANTITRUST: HOT TOPICS & NEXT STEPS 2022

of notifying the aid to the European Commission is completed (Kurcz, 2012). The scope of the standstill clause should therefore be summarized as follows: notifiable aid shall not be put into effect until the Commission has taken a decision authorizing such aid or until such a decision has been deemed taken by the Commission. State aid to enterprises (including sports clubs) must meet the de minimis exemption. Legislatures s provide some criteria which can help in determining if the agreements between economic units are of minor importance and the Treaty on the Functioning of the European Union is the main legal act directly applied in European Union Member States (Puksas, 2012). He also states that as the basics for the application of de minimis exemption were set, notice to the European Commission and its provisions are not obligatory. The current thresholds are included in the Commission Regulation (EU) No 1407/2013 of 18 December 2013. Pursuant to the regulations in force, the notification is not subject to public aid in the amount not exceeding € 200,000 within 3 consecutive years. In order to supplement this discussion, it is also necessary to mention the necessity for the public authority to control whether the conditions of support or cooperation are determined on the basis of market principles. The tools used to achieve this goal are the Private Investor Test (would the entrepreneur receive support from a public entity on the same terms as from private entities?) and the Private Creditor Test (would the reliefs/facilitations in repayment of liabilities applied by the public entity be accepted by a private, rational a purely commercial creditor?). 3.2 Reflections on the border law New legal regulations (and even philosophies of action) at the interface between public law and private law, causing difficulties in their legal qualification, should not be mixed, and which inevitably have participated in the legal organization of social life for centuries; the scope of participation of legal systems is also the result of non-legal conditions – social and economic conditions as well as legal culture (Jeżewski, 2012). This is another voice in the discussion on the phenomena defined as the widening of the application of civil law in the sphere of public administration or even the definition of the occurring phenomena as displacing administrative law with civil law. While it will certainly be possible to find arguments in support of such a position, it cannot be considered completely accurate. It is undoubted that the activities of public administration are dominated by its one-sided forms – administrative bodies have administrative powers. Public administration is thus equipped with a superior position over the other party to the legal relationship. However, it is impossible to ignore the fact that views in this area have evolved over time – it is clearly visible in the doctrine of Polish

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