Opinion of the Advocate General — ECLI:EU:C:2013:58
Date: 2013-01-31
Language of the case: French
Subject matter: State aids;Competition
Procedure: Reference for a preliminary ruling
Origin: France

Summary — Judgment of the Court (Fifth Chamber), 30 May 2013 1. Aid granted by a Member State — Concept — Aid originating from State resources (Art. 107(1) TFEU) 2. Aid granted by a Member State — Concept — Aid originating from State resources — Decision by which a national authority extends to all traders in an agricultural industry an inter-trade agreement which introduces the levying of a contribution, thus rendering that contribution compulsory, in order to make it possible to implement publicity activities, promotional activities, external relations activities, quality assurance activities, research activities and activities in defence of the sector’s interests — Not included (Art. 107(1) TFEU) 1. See the text of the decision. (see paras 24-28) 2. Article 107(1) TFEU must be interpreted as meaning that a decision by which a national authority extends to all traders in an agricultural industry an agreement which introduces the levying of a contribution in an inter‑trade organisation recognised by that national authority, thus rendering that contribution compulsory, in order to make it possible to implement publicity activities, promotional activities, external relations activities, quality assurance activities, research activities and activities in defence of the sector’s interests, does not constitute State aid. The national authorities cannot actually use the resources resulting from such contributions to support certain undertakings. It is the inter-trade organisation that decides how to use those resources, which are entirely dedicated to pursuing objectives determined by that organisation. Likewise, those resources are not constantly under public control and are not available to State authorities. Moreover, the State is simply acting as a ‘vehicle’ in order to make the contributions introduced by the inter-trade organisations compulsory, for the purposes of pursuing the objectives established by those organisations. Thus, neither the State’s power to recognise an inter-trade organisation, nor its power to extend an inter trade agreement to all the traders in an industry permit the conclusion that the activities carried out by the inter-trade organisation are imputable to the State. Lastly, private funds used by inter-trade organisations do not become State resources simply because they are used alongside sums which may originate from that budget. (see paras 36, 40, 41, 44, 45, operative part)