CASE COMMENTS: STATE AID - NOTION OF STATE AID - STATE RESSOURCES - IMPUTABILITY TO THE STATE

Notion of State aid - State ressources: The ECJ holds that resources collected by a trade association governed by public law for the only purpose of funding an advertising campaign for the benefit of its members and decided on by them, through resources levied from those members and compulsorily earmarked for the funding of that campaign, do not constitute State aid (Pearle)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECJ, 15 July 2004, Pearle BV, case C-345/02 The judgment of the Court of Justice of 15 July 2004 in the Pearle BV case provides important clarifications on the criteria of State resources and imputability to the State, two criteria constituting the concept of State aid within the meaning of Article 87(1) of the Treaty. The Dutch Act of 27 January 1950 on professional organisation regulates, inter alia, the composition and tasks of professional bodies with responsibility for planning and development. of their industry. Under the Act, the management of such an organization may make such regulations as it considers necessary to implement its objectives.

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  • European Commission (Brussels)

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Alain Alexis, Notion of State aid - State ressources: The ECJ holds that resources collected by a trade association governed by public law for the only purpose of funding an advertising campaign for the benefit of its members and decided on by them, through resources levied from those members and compulsorily earmarked for the funding of that campaign, do not constitute State aid (Pearle), 15 July 2004, Concurrences N° 1-2004, Art. N° 12052, pp. 79-80

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