CASE COMMENT: STATE AIDS - STATE AID AND FISCAL ISSUES
Implementation: The ECJ holds the prohibition to implement a tax only applies if the revenue from it is hypothecated to the aid measure at issue (Streekgewest Westelijk Noord-Brabant - Pape)
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– ECJ, 13 January 2005, Streekgewest Westelijk Noord-Brabant, case C-174/02
– ECJ, January 13, 2005, F.J. Pape, aff. C-175/02
Differences in taxation between Member States may undoubtedly favour or disadvantage certain companies depending on their State of taxation. Companies with a high tax burden generally consider that the low tax rates enjoyed by their competitors lead to genuine distortions of competition and expect the competition authorities to intervene in this respect. Indeed, in recent years, the Commission has made much more frequent use of the State aid provisions of the Treaty to put an end to unjustified tax advantages in favour of certain
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