This document is an excerpt from the EUR-Lex website
Document 61979CJ0730
Sommarju tas-sentenza
Sommarju tas-sentenza
1 . AIDS GRANTED BY STATES - EFFECT ON TRADE BETWEEN MEMBER STATES - CRITERIA
( EEC TREATY , ART . 92 )
2 . AIDS GRANTED BY STATES - PROHIBITION - DEROGATIONS - AIDS WHICH MAY BE CONSIDERED AS COMPATIBLE WITH THE COMMON MARKET - COMMISSION ' S DISCRETION - REFERENCE TO THE COMMUNITY CONTEXT
( EEC TREATY , ART . 92 ( 3 ))
1 . WHEN STATE FINANCIAL AID STRENGTHENS THE POSITION OF AN UNDERTAKING COMPARED WITH OTHER UNDERTAKINGS COMPETING IN INTRA-COMMUNITY TRADE THE LATTER MUST BE REGARDED AS AFFECTED BY THAT AID .
2 . IN THE APPLICATION OF ARTICLE 92 ( 3 ) OF THE EEC TREATY THE COMMISSION HAS A DISCRETION THE EXERCISE OF WHICH INVOLVES ECONOMIC AND SOCIAL ASSESSMENTS WHICH MUST BE MADE IN A COMMUNITY CONTEXT .
THE COMMISSION IS ENTITLED TO REGARD AN AID PROJECT AS NOT MEETING THE REQUIREMENTS OF ARTICLE 92 ( 3 ) ( B ) IF SUCH AN AID WOULD HAVE PERMITTED THE TRANSFER OF AN INVESTMENT WHICH COULD BE EFFECTED IN OTHER MEMBER STATES IN A LESS FAVOURABLE ECONOMIC SITUATION THAN THAT OF THE MEMBER STATE IN WHICH THE RECIPIENT UNDERTAKING IS LOCATED .