The French Administrative Supreme Court holds that aids to the daily press financed by a tax levied on advertising expenses affects trade between Member States and consequently amount to State aid (Auchan)

French Administrative Supreme Court (Conseil d'État, 8ème et 3ème sous-sections réunies), 21 December 2006, SA Auchan France, n°288562 http://www.legifrance.gouv.fr/affic... Background and facts Article 23 of Law n° 97-1269 of 30 December 1997 ( [1]) introduced a tax levied on certain advertising expenses (the Tax). The revenue of the Tax is used for the financing of a fund dedicated to the modernization of the daily press. Fund subsidies were granted to undertakings with several purposes, in particular the enhancement of the productivity of press enterprises and agencies, the promotion of the diversity of publications and the use of new technologies for the recording, broadcasting and spreading of information. SA Auchan France, a French retailing group, brought an action before the

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Authors

  • Kramer Levin Naftalis & Frankel (Paris)
  • Eversheds Sutherland (Paris)
  • Eversheds Sutherland (Paris)

Quotation

Noëlle Lenoir, Dan Roskis, Charlotte-Mai Doremus, The French Administrative Supreme Court holds that aids to the daily press financed by a tax levied on advertising expenses affects trade between Member States and consequently amount to State aid (Auchan), 21 December 2006, e-Competitions Bulletin December 2006, Art. N° 13236

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