Keywords
Summary

Keywords

1 . QUESTIONS SUBMITTED FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( ART . 177 OF THE EEC TREATY )

2 . STATE AID - PLANS TO GRANT AID - NOTIFICATION TO THE COMMISSION - OBLIGATION OF THE MEMBER STATE TO INFORM THE INTERESTED PARTIES - NONE

( ART . 93 ( 2 ) AND ( 3 ) OF THE EEC TREATY )

3 . STATE AID - PLANS TO GRANT AID - NOTIFICATION TO THE COMMISSION - OBLIGATION - EXTENT - EXTENSION TO ALTERATIONS TO THE INITIAL PLAN

( ART . 93 ( 3 ) OF THE EEC TREATY )

4 . STATE AID - PLANS TO GRANT AID - PROHIBITION ON THE PUTTING INTO EFFECT OF AID MEASURES - APPLICATION TO ALTERATIONS TO THE INITIAL PLAN - CONDITIONS

( ARTICLE 93 ( 3 ) OF THE EEC TREATY )

Summary

1 . IN PROCEEDINGS UNDER ARTICLE 177 OF THE TREATY , THE COURT MAY NOT RULE ON THE INTERPRETATION OF NATIONAL LAWS AND REGULATIONS OR ON THE CONFORMITY OF SUCH MEASURES WITH COMMUNITY LAW ; IT MAY ONLY PROVIDE THE NATIONAL COURT WITH THE CRITERIA FOR INTERPRETATION BASED ON COMMUNITY LAW WHICH WILL ENABLE THAT COURT TO SOLVE THE LEGAL PROBLEM WITH WHICH IT IS FACED .

2.ARTICLE 93 ( 3 ) OF THE TREATY DOES NOT REQUIRE THAT THE NOTIFICATION TO THE COMMISSION BY A MEMBER STATE OF PLANS TO GRANT OR ALTER AID SHOULD BE IMMEDIATELY MADE KNOWN TO ALL THE INTERESTED PARTIES ; SUCH AN OBLIGATION FALLS UPON THE COMMISSION ALONE WHEN IT INITIATES THE PROCEDURE PROVIDED FOR IN ARTICLE 93 ( 2 ).

3.THE OBLIGATION PROVIDED FOR IN THE FIRST SENTENCE OF ARTICLE 93 ( 3 ) TO INFORM THE COMMISSION OF PLANS TO GRANT OR ALTER AID DOES NOT APPLY SOLELY TO THE INITIAL PLAN , BUT ALSO COVERS SUBSEQUENT ALTERATIONS TO THAT PLAN ; SUCH INFORMATION MAY BE SUPPLIED TO THE COMMISSION IN THE COURSE OF THE CONSULTATIONS WHICH TAKE PLACE FOLLOWING THE INITIAL NOTIFICATION .

4.THE PROHIBITION ON THE PUTTING INTO EFFECT OF AID MEASURES WHICH IS LAID DOWN IN THE LAST SENTENCE OF ARTICLE 93 ( 3 ) OF THE TREATY APPLIES TO THE PROPOSED AID PROGRAMME IN ITS ENTIRETY AND IN THE FINAL VERSION ADOPTED BY THE NATIONAL AUTHORITIES . IF THE PLAN INITIALLY NOTIFIED HAS IN THE MEANTIME UNDERGONE ALTERATIONS OF WHICH THE COMMISSION HAS NOT BEEN INFORMED , THE PROHIBITION APPLIES TO THE PLAN AS ALTERED , UNLESS THE ALTERATION IN QUESTION IS IN ACTUAL FACT A SEPARATE AID MEASURE WHICH SHOULD BE ASSESSED SEPARATELY AND WHICH IS THEREFORE NOT SUCH AS TO INFLUENCE THE ASSESSMENT WHICH THE COMMISSION HAS ALREADY MADE OF THE INITIAL PLAN ; IN THAT CASE , THE PROHIBITION APPLIES ONLY TO THE AID MEASURE INTRODUCED BY THE ALTERATION .