ECJ When state financial aid strengthens the position of an undertaking compared with other undertakings competing in intra-community trade the latter must be regarded as affected by that aid. In the application of article 92 (3) of the EEC Treaty the commission has a discretion the exercise of which involves economic and social assessments which must be made in a community context. The commission is entitled to regard an aid project as not meeting the requirements of article 92 (3) (b) if such an aid would have permitted the transfer of an investment which could be effected in other member states in a less favourable economic situation than that of the member state in which the recipient undertaking is located.
Citations:
C-730/79, [1980] EUECJ C-730/79
Links:
European, Commercial
Updated: 21 May 2022; Ref: scu.132939
