Keywords
Summary

Keywords

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1 . AIDS GRANTED BY MEMBER STATES - PLANS - IMPLEMENTATION IN CONTRAVENTION OF ARTICLE 93 ( 3 ) OF THE EEC TREATY - POWERS OF THE COMMISSION

2 . AIDS GRANTED BY MEMBER STATES - PROHIBITION - AIM - SUBJECT-MATTER

( EEC TREATY, ARTICLE 92 )

3 . AIDS GRANTED BY MEMBER STATES - CONCEPT - PUBLIC CHARGES DEVOLVING UPON UNDERTAKINGS IN A SECTOR OF INDUSTRY - REDUCTION - AIM - EXEMPTION - CLASSIFICATION AS AID

( EEC TREATY, ARTICLE 92 )

Summary

1 . IT IS CLEAR FROM THE SPIRIT AND GENERAL SCHEME OF ARTICLE 93 THAT WHEN THE COMMISSION ESTABLISHES THAT AN AID, WHICH IS INCOMPATIBLE WITH THE COMMON MARKET HAVING REGARD TO ARTICLE 92, HAS BEEN GRANTED OR ALTERED IN DISREGARD OF PARAGRAPH ( 3 ), IT SHALL DECIDE TO ABOLISH OR ALTER THE AID WITHOUT BEING BOUND TO GRANT TO THE STATE TO WHICH THE DECISION IS ADDRESSED A PERIOD OF TIME FOR COMPLIANCE AND WITH THE POSSIBILITY OF REFERRING THE MATTER TO THE COURT IF THE STATE FAILS TO COMPLY WITH THE REQUIRED SPEED .

IN SUCH A CASE, THE MEANS OF RECOURSE OPEN TO THE COMMISSION ARE NOT RESTRICTED TO THE MORE COMPLICATED PROCEDURE UNDER ARTICLE 169 .

2 . THE AIM OF ARTICLE 92 OF THE EEC TREATY IS TO PREVENT TRADE BETWEEN MEMBER STATES FROM BEING AFFECTED BY BENEFITS GRANTED BY THE PUBLIC AUTHORITIES WHICH, IN VARIOUS FORMS, DISTORT OR THREATEN TO DISTORT COMPETITION BY FAVOURING CERTAIN UNDERTAKINGS OR THE PRODUCTION OF CERTAIN GOODS .

ARTICLE 92 DOES NOT THEREFORE DISTINGUISH BETWEEN THE MEASURES OF STATE INTERVENTION CONCERNED BY REFERENCE TO THEIR CAUSES OR THEIR AIMS BUT DEFINES THEM IN RELATION TO THEIR EFFECTS, SO THAT THE ALLEGED FISCAL NATURE OR SOCIAL AIM OF A MEASURE TAKEN BY A MEMBER STATE CANNOT SUFFICE TO EXCLUDE IT FROM THE AMBIT OF ARTICLE 92 .

3 . THE PARTIAL REDUCTION OF PUBLIC CHARGES DEVOLVING UPON UNDERTAKINGS IN A PARTICULAR SECTOR OF INDUSTRY CONSTITUTES AN AID WITHIN THE MEANING OF ARTICLE 92 OF THE EEC TREATY IF SUCH A MEASURE IS INTENDED PARTIALLY TO EXEMPT THOSE UNDERTAKINGS FROM THE FINANCIAL CHARGES ARISING FROM THE NORMAL APPLICATION OF THE GENERAL SYSTEM OF COMPULSORY CONTRIBUTIONS IMPOSED BY LAW .