Keywords

Summary



Keywords

1 . AIDS GRANTED BY STATES - PLANS TO GRANT AID - REVIEW BY THE COMMISSION - PRELIMINARY STAGE - PURPOSE - DUTIES OF THE COMMISSION - EXPIRY OF REASONABLE PERIOD FOR CARRYING OUT THE REVIEW - IMPLEMENTATION OF AID - PRIOR NOTICE

( EEC TREATY , ART . 93 ( 1 ), ( 2 ) AND ( 3 ))

2.AIDS GRANTED BY STATES - PLANS TO GRANT AID - REVIEW BY THE COMMISSION - PRELIMINARY REVIEW AND MAIN REVIEW - RESPECTIVE CHARACTERISTICS - COMPATIBILITY OF THE AID WITH THE COMMON MARKET - DIFFICULTIES IN APPRAISAL - COMMISSION ' S DUTY TO INITIATE THE MAIN REVIEW PROCEDURE

( EEC TREATY , ART . 93 ( 2 ) AND ( 3 ))

3.ACTION FOR FAILURE TO ACT - NOTICE TO THE INSTITUTION - EXPRESS REQUEST TO ACT - NONE

( EEC TREATY , ART . 175 , SECOND PARA .)

Summary

1 . THE PRELIMINARY STAGE OF THE PROCEDURE FOR REVIEWING AIDS UNDER ARTICLE 93 ( 2 ) IS INTENDED MERELY TO ALLOW THE COMMISSION TO FORM A PRIMA FACIE OPINION ON THE PARTIAL OR COMPLETE CONFORMITY WITH THE TREATY OF THE AID SCHEMES NOTIFIED TO IT . THE PURPOSE OF THAT PROVISION , WHICH SEEKS TO PREVENT THE IMPLEMENTATION OF AID CONTRARY TO THE TREATY , REQUIRES THAT THE PROHIBITION LAID DOWN IN THAT RESPECT BY THE LAST SENTENCE OF ARTICLE 93 ( 3 ) SHOULD BE EFFECTIVE DURING THE WHOLE OF THE PRELIMINARY STAGE . THEREFORE THE COMMISSION MUST ACT WITH DUE EXPEDITION IN ORDER TO TAKE ACCOUNT OF THE INTEREST OF THE MEMBER STATES IN OBTAINING CLARIFICATION IN CASES IN WHICH THERE MAY BE AN URGENT NEED TO TAKE ACTION ; OTHERWISE , AFTER THE EXPIRY OF AN APPROPRIATE PERIOD , WHICH THE COURT HAS SET AT TWO MONTHS , THE MEMBER STATES CONCERNED MAY IMPLEMENT THE MEASURES IN QUESTION AFTER GIVING THE COMMISSION PRIOR NOTICE THEREOF .

THE COMMISSION MUST INFORM THE MEMBER STATE CONCERNED IF , AFTER THE PRELIMINARY EXAMINATION , IT COMES TO THE CONCLUSION THAT THE SYSTEM OF AID NOTIFIED IS COMPATIBLE WITH THE TREATY . IF , AFTER NOTIFICATION OF A POSITIVE DECISION BY THE COMMISSION , THE AID IN QUESTION IS IMPLEMENTED IT BECOMES AN ' ' EXISTING AID ' ' AND AS SUCH IS SUBJECT TO THE CONSTANT REVIEW PROVIDED FOR IN ARTICLE 93 ( 1 ). IF , ON THE OTHER HAND , THE COMMISSION CONSIDERS THAT THE AID IS NOT COMPATIBLE WITH THE COMMON MARKET IT MUST WITHOUT DELAY INITIATE THE PROCEDURE PROVIDED FOR IN ARTICLE 93 ( 2 ), WHICH INVOLVES THE OBLIGATION TO GIVE THE PARTIES CONCERNED NOTICE TO SUBMIT THEIR COMMENTS .

2 . ONE OF THE MAIN CHARACTERISTICS DISTINGUISHING THE EXAMINATION UNDER ARTICLE 93 ( 2 ) FROM THE PRELIMINARY EXAMINATION UNDER ARTICLE 93 ( 3 ) RESIDES IN THE FACT THAT THE COM MISSION IS UNDER NO OBLIGATION AT THE PRELIMINARY STAGE TO GIVE NOTICE TO THE PARTIES CONCERNED TO SUBMIT THEIR COMMENTS . HOWEVER , SUCH A PROCEDURE , WHICH GUARANTEES THE OTHER MEMBER STATES AND THE SECTORS CONCERNED AN OPPORTUNITY TO MAKE THEIR VIEWS KNOWN AND ALLOWS THE COMMISSION TO BE FULLY INFORMED OF ALL THE FACTS OF THE CASE BEFORE TAKING ITS DECISION , IS ESSENTIAL WHENEVER THE COMMISSION HAS SERIOUS DIFFICULTIES IN DETERMING WHETHER A PLAN TO GRANT AID IS COMPATIBLE WITH THE COMMON MARKET . IT FOLLOWS THAT THE COMMISSION MAY RESTRICT ITSELF TO THE PRELIMINARY EXAMINATION UNDER ARTICLE 93 ( 3 ) WHEN TAKING A DECISION IN FAVOUR OF A PLAN TO GRANT AID ONLY IF IT IS CONVINCED AFTER THE PRELIMINARY EXAMINATION THAT THE PLAN IS COMPATIBLE WITH THE TREATY . IF , ON THE OTHER HAND , THE INITIAL EXAMINATION LEADS THE COMMISSION TO THE OPPOSITE CONCLUSION OR IF IT DOES NOT ENABLE IT TO OVERCOME ALL THE DIFFICULTIES INVOLVED IN DETERMING WHETHER THE PLAN IS COMPATIBLE WITH THE COMMON MARKET , THE COMMISSION IS UNDER A DUTY TO OBTAIN ALL THE REQUISITE OPINIONS AND FOR THAT PURPOSE TO INITIATE THE PROCEDURE PROVIDED FOR IN ARTICLE 93 ( 2 ).

3 . THE COMMISSION HAS NOT ' ' FIRST BEEN CALLED UPON TO ACT ' ' WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 175 OF THE TREATY WHERE THE GOVERNMENT OF A MEMBER STATE EXPRESSES THE OPINION THAT ANOTHER MEMBER STATE ' S PLAN TO GRANT AID IS INCOMPATIBLE WITH THE COMMON MARKET BUT DOES NOT EXPRESSLY CALL UPON THE COMMISSION TO ACT .