Order — ECLI:EU:C:2002:635
Date: 2002-11-05
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Accession;State aids;Competition
Concepts: General
Procedure: Action for annulment;Appeal - unfounded
Origin: Austria

Summary of the Order 
State aid — Investigation by the Commission — Aid granted to Austrian or Finnish 
undertakings — Joint Declaration No 31 on the processing industry in Austria and 
Finland, annexed to the Final Act of the Accession Treaty — Scope 
(Joint Declaration No 31, annexed to the Final Act of the Treaty concerning the Accession 
of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden) 
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SUMMARY — CASE C-321/01 P 
Joint Declaration No 31 on the processing 
industry in Austria and Finland, annexed to 
the Final Act of the Treaty concerning the 
Accession of the Republic of Austria, the 
Republic of Finland and the Kingdom of 
Sweden to the European Union, which 
requires the Commission to make a flexible 
assessment of the transitional national aid 
schemes designed to facilitate restructuring 
of the processing industry in those coun­
tries made necessary by their accession, 
should be interpreted as meaning that it 
precludes application of the Community 
rules on State aid in a manner which fails to 
take into account the particular aspects of 
the case in question. 
In order to comply with such an obligation 
the Commission is required to assess 
whether the aid is likely to promote the 
development of an economic sector or area 
without affecting trading conditions to an 
extent contrary to the common interest. It 
is not, however, required to weigh the 
advantages which the Community would 
gain from the accession of one of those 
Member States to the European Union 
without a transitional period against the 
disadvantages involved in the aid in ques­
tion being paid. 
(see paras 28-32) 
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