Nicolas de Sadeleer State aids and the EU ETS. Professor of EU Law at FUSL Jean Monnet Chair Guest Professor Lund and UCL. Scop e of Article 107 TFEU. Article 107 TFEU does not provide any definition of the concept of a State aid.
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State aids and the EU ETS
Professor of EU Law at FUSL
Jean Monnet Chair
Guest Professor Lund and UCL
a) an advantage must be conferred on the recipient of the aid measure;
b) the advantage must be of state origin;
c) the aid must have a selective nature;
d) the aid must be liable to affect trade between the Member States.
Necessary to establish ‘whether the recipient undertaking receives an economic advantage which it would not have obtained under normal market conditions’
By financing costs which would normally fall on the recipient undertaking, the public authorities have granted it a State aid.
AG Jacobs in C126/01 Gemo: ‘a given measure will constitute State aid where it relieves those liable under the polluter-pays principle from their primary responsibility to bear the costs’
Case C-279/08 P Commission v Netherlands , para. 91
The advantage must:
(1) the guidelines may not in any way derogate from Treaty provisions;
(2) the Commission is bound by the general rules which it has adopted, and may not set them aside in individual cases.
(3) reference to the guidelines amounts to a proper statement of reasons.