The EU Court of Justice holds that levying charges to maintain equal treatment is not necessarily selective (MOL Magyar Olaj)

Levying of Charges to Maintain Equal Treatment Is Not Necessarily Selective* The standard of proof of whether a measure is selective depends on whether that measure is a scheme or a grant of individual aid. Measures providing for exemption are by definition selective. Measures that impose additional charges for the purpose of maintaining equality between operators are not necessarily selective even if the responsible authorities retain a degree of discretion in their application. The margin of discretion of the responsible authorities for the purpose of ensuring equality is wider from the (narrow) margin relating to the granting of advantages. This is because the application of a measure on objective criteria can still result in the conferment of a selective advantage. No State aid

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Phedon Nicolaides, The EU Court of Justice holds that levying charges to maintain equal treatment is not necessarily selective (MOL Magyar Olaj), 4 June 2015, e-Competitions Bulletin June 2015, Art. N° 74819

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