The EU General Court upholds the Commission’s decision finding that aid measures targeting consumers with particular needs not adequately provided by the market do not unduly distort competition (Hamr / Sport)

Sport Facilities, the Balancing Test and Distortion of Competition* Aid measures that target persons with particular needs and who are not adequately provided by the market are not likely to be found to distort competition contrary to the common interest, even if there is some substitutability between the subsidised services and similar services provided by the market on commercial terms. Introduction In August 2011, the Commission received a complaint from a private company alleging that the Czech Republic granted State aid to non-profit organisations to construct and operate sports facilities. The Commission investigated the complaint, found that the measures it referred to did indeed contain State aid and, although the aid had been granted illegally [i.e. without prior

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Phedon Nicolaides, The EU General Court upholds the Commission’s decision finding that aid measures targeting consumers with particular needs not adequately provided by the market do not unduly distort competition (Hamr / Sport), 12 May 2016, e-Competitions May 2016, Art. N° 90053

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