CASE COMMENT: STATE AID - EFFECT ON TRADE AND ON COMPETITION CRITERIA - STATEMENT OF REASONS

Effect on trade/Distortion of competitions: The ECJ upholds the approach of the CFI judging that the European Commission has not sufficiently stated its reasons relating to the existence of an effect on trade and a distortion of competition resulting from an export State aid (Wam)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. ECJ, 30 April 2009, Commission v. Italy and Wam, Case C-494/06 P. An Italian company, Wam SpA, had received two aid measures in the form of soft loans for the implementation of market penetration programmes in several Far Eastern countries. I. Commission Decision of 19 May 2004 Following a complaint from a competitor, the Commission took a negative decision in which it considered that, since the measures improving the financial situation of the beneficiary and intended to favour exports outside the EU, intra-Community trade could be affected and competition in the Community distorted (given the interdependence of the markets on which Community

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Authors

  • Sheppard, Mullin, Richter & Hampton (Brussels)
  • European Court of Justice (Luxembourg)

Quotation

Jacques Derenne, Cédric Kaczmarek, Effect on trade/Distortion of competitions: The ECJ upholds the approach of the CFI judging that the European Commission has not sufficiently stated its reasons relating to the existence of an effect on trade and a distortion of competition resulting from an export State aid (Wam), 30 April 2009, Concurrences N° 3-2009, Art. N° 27972, pp. 107-110

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