3. Constituent Elements of Forbidden State Aid
According to Art. 107, section 1, TFEU, the constituent conditions for forbidden…
(vi) Any aid in any form whatsoever (economic advantage)…
An advantage can be understood as any economic benefit which an undertaking would…
(vii) Granted by a Member State or through State resources…
The measure must be imputable to the State and financed through State resources.…
(viii) Which distorts or threatens to distort competition…
Not only actual distortions of competition are targeted, but also potential distortions.…
(ix) By favoring certain undertakings or the production of certain goods…
Meant are undertakings who engage in economic activities, regardless of their legal…
(x) In so far as it affects trade between Member States…
Forbidden State aid may be at stake not only if the aid in question has an actual…
To test the criterion of selectivity, a system of reference must be identified: this…
If illegal State aid is discovered, the situation must be restored as if no state…
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