In the context of the State aid modernisation, the Commission announced its intention to provide further clarification on the key concepts relating to the notion of State aid.
With the news Commission Notice, this European institution clarifies when public spending falls within, and outside, the scope of EU State aid control.
This Notice only concerns the notion of State aid as referred to in Article 107(1) of the Treaty, which both the Commission and national authorities (including national courts) have to apply in conjunction with the notification and standstill obligations provided for in Article 108(3) of the Treaty. It does not concern the compatibility of State aid with the internal market pursuant to Article 107(2) and (3), Article 106(2) and 93 of the Treaty, which is for the Commission to assess.
This notice includes clarifications about the following elements:
– Notion of undertaking and economic activity
– State origin
– Effect on trade and competition
The Notice provides also specific clarification with respect to public funding of infrastructure.
For more information click the following links:
– Press release
– Guidance on the notion of State aid