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Title:

Effect on trade between Member Statesas a condition of application of art.107 (1) TFEU: Directions of case-law development

Creator:

Grzejdziak, Łukasz

ORCID:

0000-0003-0249-7500

Subject and Keywords:

EU law   Rules on Competition   State aid Law   Notion of State Aid

Description:

Tyt. tomu: Państwo a przedsiębiorca — aktualne wyzwania

Abstract:

The effect on trade between Member States is considered as one of the elements of the notion of State Aid within the meaning of art.107 (1) TFEU. In the course of the development of the case-law of the CJEU, the interpretation of this condition has evolved. The EU courts gradually devote more attention to its analysis, clarifying its meaning and even (slightly) narrowing its scope. Assess-ment of the condition on the effect on intra-EU trade, as applied by the CJEU, focuses on the supply side of the market — the competitive environment of the beneficiary of aid. The Commission’s decision-making practice develops in a different direction. In numerous cases the Commission held that a measure does not constitute State Aid due to lack of effect on intra-European trade. The Commission has based this approach on the argument of the local scope of the activity of a beneficiary. This approach, based on the assessment of the demand side of the market, though not directly contradictory to the case-law of the CJEU, finds no support in it.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Contributor:

Borkowski, Andrzej. Red.   Małecki, Witold. Red.

Date issued:

2019

Date copyrighted:

2019

Identifier:

ISSN 0524-4544  
ISSN 0239-6661

DOI:

10.19195/0524-4544.329.23

Source:

PAd P 101182 II

Language:

pol   eng

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3977. Prawo, ISSN 0524-4544, 2019, 329, s. 287-297

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Autor opisu:

WR U/PAdbg