ECJ State aid – Transfer free of charge of certain areas of natural national heritage – Measures for the financial support of large-scale environmental protection projects – Decision declaring aid compatible with the common market – Concept of undertaking – Obligation to state reasons
1. Actions for annulment – Actionable measures – Concept – Measures producing binding legal effects – Decision classifying a notified measure as State aid and declaring it compatible with the common market – Included (Arts 87 EC, 88 EC and 230 EC) (see para. 16)
2. State aid – Concept – Legal nature – Interpretation on the basis of objective factors – Judicial review – Scope (Art. 87(1) EC) (see paras 19, 21)
3. Competition – Community rules – Undertaking – Concept – Exercise of an economic activity – Organisations for protecting the environment carrying on secondary activities of an economic nature without a profit motive – Exercise of secondary activities not comparable with the exercise of the prerogatives of the public authorities – Competition with operators pursuing a profit motive – Included (Art. 87(1) EC) (see paras 25-30, 38, 41, 43-45, 48-50, 59)
4. State aid – Concept – Granting of an advantage to beneficiaries – Placing at disposal free of charge of areas of natural national heritage permitting commercial exploitation – Included (Art. 87(1) EC) (see paras 61, 62, 67-70, 72, 73)
5. Acts of the institutions – Statement of reasons – Obligation – Scope – Commission decision on State aid (Arts 87(1) EC and 253 EC) (see paras 93-95, 100)
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Citations:
ECLI:EU:T:2013:418, [2013] EUECJ T-347/09
Links:
Jurisdiction:
European
Constitutional
Updated: 30 March 2022; Ref: scu.595013