Infrastructure financing does fall within the scope of European Union state aid rules - .PDF file.
The Court of Justice of the European Union has confirmed that the financing of infrastructure projects is subject to the European State aid rules. The judgment concerns the financing of airport infrastructure, but the underlying legal point extends far beyond this sector. Repercussions can be expected for all companies that build, maintain and operate infrastructure with public support.
Click on the link above to download this McDermott Will & Emery briefing.