Zagadnienie pomocy publicznej z perspektywy traktatowej przesłanki jej wpływu na konkurencję i wymianę handlową na rynku wewnętrznym
A question of state aid from the perspective of the treaty premise of its effect on competition and the trade exchange on the internal market

Summary/Abstract: The final requirement under Article 107 (1) TFEU is that the measure should be liable to distort competition and affect trade between Member States. These conditions are closely related and are often considered together. But the two conditions remain distinct and should not be conflated. A measure may distort competition, but relate to a wholly local situation. Equally, a measure may affect a market in which there is intra-Community trade, but the distortion or likely distortion of competition may not properly be demonstrated. The subject of the article is an analysis of the requirement of a distortion of competition and the requirement of an adverse effect on trade between Member States. Even if these both requirements are inextricably linked with one another, they must be separately reviewed, in order to do justice to different goals they pursue.

• Details
• Contents