STATE AIDS AND THE CONSEQUENCES OF THEIR ILLEGALITY UNDER EC LAW

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Marmara Üniversitesi Avrupa Topluluğu Enstitüsü Araştırmaları Dergisi
Volume:8 Issue:1&2
STATE AIDS AND THE CONSEQUENCES OF THEIR ILLEGALITY UNDER EC LAW

STATE AIDS AND THE CONSEQUENCES OF THEIR ILLEGALITY UNDER EC LAW

Authors : K Paul E LASOK

Pages : 19-32

View : 15 | Download : 16

Publication Date : 2000-12-25

Article Type : Research Paper

Abstract :The prohibition of State aids in the EC Treaty applies where competition is distorted by benefits that take theform either of the giving of State resources to one or more undertakings or of the State abstainingfrom collect{ng, from one or more undertakings, resources that the State would otherwise be entitled to collect from them. Although State aids are defined in very broad terms, the concept of a State aid does not extend to: State action that does not involve a disposal of State resources in either a positive sense insert ignore into journalissuearticles values(in theform of a grant of State resources); or in a negative sense insert ignore into journalissuearticles values(in theform of the State refraining/rom collecting resources from an undertaking);; and State action that is indistinguishablefrom the decisions of private sector commercial undertakings . If the grant of State aid is prohibited , it must be recoveredfrom the recipient of the aid andfew defences to recovery are available.
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