Keywords
Summary

Keywords

1. State aid - Definition - Legal nature - Interpretation on the basis of objective factors - Judicial review - Scope

(EC Treaty, Art. 92(1) (now, after amendment, Art. 87(1) EC))

2. State aid - Definition - Aid from State resources

(EC Treaty, Art. 92(1) (now, after amendment, Art. 87(1) EC))

Summary

1. State aid, as defined in the Treaty, is a legal concept which must be interpreted on the basis of objective factors. For that reason, the Community courts must in principle, having regard both to the specific features of the case before them and to the technical or complex nature of the Commission's assessments, carry out a comprehensive review as to whether a measure falls within the scope of Article 92(1) of the Treaty (now, after amendment, Article 87(1) EC).

( see para. 25 )

2. Article 92(1) of the Treaty (now, after amendment, Article 87(1) EC) covers all the financial means by which the public sector may actually support undertakings, irrespective of whether or not those means are permanent assets of the public sector.

( see para. 50 )