CASE COMMENTS: STATE AIDS - EC’S DUTY TO INFORM PARTIES - ECONOMIC ANALYSIS
Beneficiaries - Economic Analysis: The CFI holds that the European Commission must identify the beneficiaries and carry out a finer economic analysis (Le Levant)
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The Court of First Instance of the EC decides that the Commission must identify precisely the beneficiaries of a disputed aid measure in its decisions to initiate the formal investigation procedure and carry out a more detailed economic analysis of the aid in question.
– CFI, 22 February 2006, Le Levant 001 a. o. v. Commission, Case T-34/02
This judgment should draw our attention to two important points:
– the identification in the decision to initiate the formal investigation procedure under Article 88(2) EC of the beneficiaries of the contested aid, and
– the extent of the obligation on the Commission to state reasons for its assessment of the conditions for the application of Article 87(1) EC, in particular in the current context of promoting 'a more refined economic analysis of State aid' (Commission's State Aid Action Plan). Factual and legal background
Without going into the details of the case, it suffices here to summarize the factual and legal context of the case as follows.
The financing operation in question (known as the 'Le Levant
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