Pomoc publiczna w projektach realizowanych w ramach partnerstwa publicznoprywatnego – część 2

The article continues the considerations contained in its first part published in issue 5 of “Finanse Komunalne”. They were devoted to the subject of compliance of financing of public-private partnership (PPP) projects with state aid rules. Public-private partnership is a mutually beneficial form of cooperation between the public and private sectors in the implementation of public tasks. However, within the framework of PPP projects, state aid may be granted both to each of the partners involved in the project and to the recipients of services provided using the subject of the public-private partnership. Depending on the PPP model used, the identification of state aid within its framework requires the application of state aid rules relating to services of general economic interest or the market criterion of the operator. The second part of the article contains a review and analysis of the most important decisions of the European Commission and judgments of the Court of Justice of the European Union on this subject. It also contains conclusions regarding the shape of the current legal framework for state aid within PPP projects, the manner of their application by the European Union bodies and the directions of development of case law.