Opinion of the Advocate General — ECLI:EU:C:2004:211
Date: 2004-04-01
Language of the case: Spanish
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: State aids;Competition
Procedure: Action for annulment - successful
Origin: Spain

Summary of the Judgment 1. State aid – Concept – Measure reducing the charges of an undertaking (Art. 87(1) EC) 2. State aid – Commission decision – Assessment of legality in the light of the information available to the Commission when the decision was adopted (Art. 87 EC) 1. Article 87(1) EC defines State aid which is governed by the Treaty as aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods, in so far as it affects trade between Member States. The concept of aid within the meaning of Article 87(1) EC is wider than that of a subsidy because it embraces not only positive benefits, such as the subsidies themselves, but also measures which, in various forms, mitigate the normal burdens on the budget of an undertaking. (see para. 24) 2. The legality of a decision concerning State aid is to be assessed in the light of the information available to the Commission when the decision was adopted. (see para. 31)