The Belgian Constitutional Court dismiss as a State aid claim by economic operators seeking the annulment of a law imposing reusable packages more heavily than "one way" packages on the grounds that the Commission has not assessed the compatibility of the measure yet

Factual background The Fédération royale de l'industrie des Eaux et boissons rafraichissantes (the “Federation”) sought the annulment of a law of March 2007. The Federation alleged that the law constituted State aid, even if the measure pursues the legitimate objective of protection of environment, as it grants an advantage to some categories of products (reusable packages), and puts other types of products (‘one way' packages) at a disadvantage. Under the law, producers of reusable package benefit from a tax exemption. As the benefit is financed through State resources, it leads to a lack of resources for the State. The Applicant alleges that the Belgian market is particularly open, so the measure is likely to affect trade between Member States, and that both products belong to the same

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Authors

  • Sheppard Mullin (Brussels)
  • European Court of Justice (Luxembourg)

Quotation

Jacques Derenne, Cédric Kaczmarek, The Belgian Constitutional Court dismiss as a State aid claim by economic operators seeking the annulment of a law imposing reusable packages more heavily than "one way" packages on the grounds that the Commission has not assessed the compatibility of the measure yet, 13 March 2008, e-Competitions Bulletin March 2008, Art. N° 28462

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