**Avis juridique important**

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# 52003XC0516(02)

**Form for the submission of complaints concerning alleged unlawful State aid***Official Journal C 116 , 16/05/2003 P. 0003 - 0006*

Form for the submission of complaints concerning alleged unlawful State aid

(2003/C 116/03)

Article 88(3) of the EC Treaty provides that the Commission shall be informed, in sufficient time to enable it to submit its comments, of any plans to grant or alter aid. Member States shall not put its proposed measures into effect until this procedure has resulted in a final decision.

Aid that has been put into effect in contravention of Article 88(3) of the Treaty constitutes "unlawful aid".

In accordance with Article 10(1) of Council Regulation (EC) No 659/1999(1), where the Commission has in its possession information from whatever source regarding alleged unlawful aid, it shall examine that information without delay.

Furthermore, according to Article 20(2) of the abovementioned Regulation, any interested party may inform the Commission of any alleged unlawful aid and any alleged misuse of aid (hereinafter referred to as a complaint).

Any person or company may submit a complaint to the Commission. The procedure is free. However, when investigating complaints the Commission is obliged to respect the procedural rules set out in Regulation (EC) No 659/1999, and in particular the rights of defence of the Member State.

Moreover, as an alternative, or as well as submitting a complaint to the Commission, it is usually possible for third parties whose interests have been adversely affected by the grant of an unlawful aid to pursue the matter before the national courts. A report on the application of State aid rules by the national courts is available on

http://europa.eu.int/comm/ competition/state_aid/legislation/ app_by_member_states/

However, the Commission cannot offer advice about the national procedures available in individual cases.

The annexed form sets out the information the Commission needs in order to be able to follow-up a complaint about alleged unlawful aid. If you are not able to complete all the sections of the form, please give the reasons.

The form is accessible in all Community languages on the Internet server of the European Commission at the following addresses: http://europa.eu.int/comm/ competition/index_en.html and http://europa.eu.int/ comm/ secretariat_general/index_en.htm. The Europa website also contains much useful information about the Community's State aid rules which may help you or your adviser to complete the form.

You can send this form to the following addresses:

For complaints relating to possible unlawful State aid in the sector of the production, processing and marketing of Annex I agricultural products: European Commission Directorate-General for Agriculture

Directorate H

Office: Loi 130 5-128 B - 1049 Brussels Fax (32-2) 296 76 72 e-mail: Agri-State-Aids@cec.eu.int

For complaints relating to possible unlawful State aid in the sector of the production, processing and marketing of fisheries and aquaculture products: European Commission Directorate-General for Fisheries

Directorate D

Rue Joseph II 99 B - 1049 Brussels Fax (32-2) 295 19 42 e-mail: fish-aidesdetat@cec.eu.int

For complaints relating to possible unlawful State aid in the transport sector or the coal sector: European Commission Directorate-General for Energy and Transport

Directorate A

Unit 4 - Internal Market, Public Service, Competition and Users' Rights B - 1049 Brussels Fax (32-2) 296 41 04 e-mail: stateaid.transport@cec.eu.int

For complaints relating to possible unlawful State aid in other sectors: European Commission Directorate General for Competition

State aid Greffe

J-70, (4/136) B - 1049 Brussels Fax (32-2) 295 36 10 e-mail: Stateaidgreffe@cec.eu.int

If you are not sure which department is responsible, you may address your complaint to the Secretary General European Commission B - 1049 Brussels e-mail: Aidesdetat@cec.eu.int

I.A. Information regarding the complainant

I.1. Surname and forename of complainant, or corporate name:

I.2. Address or Registered Office:

I.3. Telephone, fax, e-mail address:

I.4. Name, address, telephone, fax, e-mail address of a contact person:

I.5. If the complainant is an enterprise, a brief description of the complainant and its field(s) and place(s) of activity:

I.6. Please summarise briefly how the award of the alleged aid affects the complainant's interests.

I.B. Information regarding the representative of the complainant

I.7. If the complaint is submitted on behalf of someone else (a person or a firm), please also provide the name, address, fax, e-mail address of the representative and attach written proof that the representative is authorized to act.

II. Information regarding the Member State

II.1. Member State:

II.2. Level at which the alleged unlawful State aid has been granted:

- central government

- region (please specify)

- other (please specify)

III. Information regarding the alleged aid measures complained of

III.1. Are you complaining about an alleged aid scheme, or an alleged individual aid?

III.2. When was the alleged aid given or the alleged aid scheme implemented? What is the duration of the alleged aid scheme (if known)?

III.3. In which economic sector(s) does this alleged aid apply?

III.4. What is the amount of the alleged aid? In what form is it given (loans, grants, guarantees, tax incentives or exemptions etc)?

III.5. Who is the beneficiary? In the case of a scheme, who is eligible for the alleged aid?

Please give as much information as possible, including a description of the main activities of the firm(s) concerned.

III.6. For what purpose was the alleged aid given (if known)?

IV. Grounds of complaint

Please explain in detail the grounds for your complaint, including the reasons why you have complained, what rules of community law you think have been infringed by the granting of the alleged aid in question and how this has affected conditions of competition in the common market and trade between Member States.

If the alleged aid has damaged your own commercial interests, please explain how.

V. Information on other procedures

V.1. Details of any approaches already made to the Commission's services (if possible, attach copies of correspondence):

V.2. Approaches already made to national authorities (e.g. central, regional or local government bodies, ombudsman, etc.; if possible, attach copies of correspondence):

V.3. Recourse to national courts or other procedures (e.g. arbitration or conciliation). (Indicate whether there has already been a decision or award and attach a copy if appropriate):

VI. Supporting documents

List any documents or evidence which is submitted in support of the complaint, and attach copies.

Whenever possible, a copy of the national law or other measure which provides the legal basis for the payment of the alleged aid should be provided.

VII. Confidentiality

You should be aware that in order to protect the rights of defence of the Member State concerned, the Commission may have to disclose your identity and any supporting documents, or their contents, to the Member State. If you do not wish your identity or certain documents or information to be disclosed, please indicate this clearly, clearly identify the confidential parts of any documents and give your reasons.

Place, date and signature of complainant

(1) OJ L 83, 27.3.1999, p. 1.