Keywords

Summary



Keywords

1. State aid — Concept — Selective nature of the measure — (EC Treaty, Art. 92(1) (now, after amendment, Art. 87(1) EC))

2. State aid — Concept — Differential treatment of undertakings in the application of charges — (EC Treaty, Art. 92(1) (now, after amendment, Art. 87(1) EC))

3. State aid — Effect on trade between Member States — Aid of minor importance — Exclusion by the Commission of the transport sector from the benefit of the de minimis rule — Scope — Undertakings which only carry out transport on their own account — (EC Treaty, Art. 92(1) (now, after amendment, Art. 87(1) EC))

4. Acts of the institutions — Statement of reasons — Obligation — Scope — Commission decision on State aid — Characterisation of the effect on trade between Member States — (EC Treaty, Art. 92(1) (now, after amendment, Art. 87(1) EC); Art. 253 EC)

5. State aid — Effect on trade between Member States — Adverse effect on competition — Aid relatively small in amount in a sector with strong competition — (EC Treaty, Art. 92(1) (now, after amendment, Art. 87(1) EC))

6. Acts of the institutions — Statement of reasons — Obligation — Scope — Refusal by the Commission to authorise State aid under guidelines that are binding on it — Requirement to classify the aid according to an essential distinction made in the guidelines — (EC Treaty, Art. 92(3) (now, after amendment, Art. 87(3); Art. 253 EC)

Summary

1. Article 92(1) of the Treaty (now, after amendment, Article 87(1) EC) does not distinguish between the causes or the objectives of State aid, but defines them in relation to their effects. Therefore, its application only requires it to be determined whether under a particular statutory scheme a State measure is such as to favour certain undertakings or the production of certain goods over others which are in a legal and factual situation that is comparable in the light of the objective pursued by the measure in question. If so, the measure satisfies the condition of selectivity which defines State aid as laid down by that provision.

The fact that the number of undertakings able to claim entitlement under the measure at issue is very large, or that they belong to different sectors of activity, is not sufficient to call into question its selective nature and therefore, to rule out is classification as State aid. Thus the structure of an aid scheme which favours natural persons and small and medium enterprises carrying on transport operations on their own account or for another is by nature selective.

see paras 46-49

2. The definition of State aid does not include national measures introducing a differentiation between undertakings in relation to charges when that differentiation arises from the nature and structure of the system of charges in question. However, the support provided to a number of undertakings in particular to cover part of the charges in their budget, such as the need to replace their commercial vehicles, does come under that definition.

see paras 52, 55

3. The situation of professional transport companies and that of companies which carry out transport only on their own account are not sufficiently homogeneous for both categories to be classified as belonging to the same sector and as being operational on the same market. Exclusion, in the area of State aid, of the transport sector from the benefit of the de minimis rule laid down by the Commission's guidelines and notices, which are binding primarily on the Commission itself, does not therefore apply to aid granted to undertakings which carry out transport only on their own account. That exclusion must, in so far as it refers to an exception, be strictly interpreted.

see paras 67, 69-70

4. In certain cases the very circumstances in which the aid has been granted show that it is liable to affect trade between Member States and to distort or threaten to distort competition. In such cases, the Commission must set out those circumstances in the statement of reasons for its decision. A statement of reasons explaining that State aid granted to a number of beneficiaries for an amount greater than the de minimis threshold is liable to benefit them in a sector in which competition has been liberalised between the Member States satisfies that requirement.

see paras 74-75

5. State aid of a relatively low amount is liable to affect competition and trade between Member States where there is strong competition in the sector in which undertakings receiving that aid operate. Except where operators on the market in question engage in anti-competitive conduct, a sector characterised by overcapacity must necessarily be one with strong competition. Such aid is thus caught by Article 92(1) of the Treaty (now, after amendment, Article 87(1) EC).

see paras 76-77

6. Since the Community guidelines on State aid for environmental protection which it has adopted in regard to the monitoring of State aid, and which are binding on it in so far as they do not depart from the rules in the Treaty and have been accepted by the Member States, make clear that it is essential that aid be classified as aid for investment or operating aid, the Commission cannot decide that aid cannot be authorised under those guidelines without classifying it as falling into one of those categories in the statement of reasons for its decision.

see paras 95-97