Comparisons are odious: Clarification of the state aid’s criterion of selectivity

Pursuant to the law as it stands, the criterion of selectivity of a State aid within the meaning of Article 107 (1) TFEU remains to be clarified. This article suggests to take into account the fact that this criterion calls for a comparison of the treatments reserved for different categories of undertakings, which is necessarily a relative operation because it depends largely on the terms of the comparison. Therefore, the clarification of the criterion of selectivity certainly requires to specify the factors determining the comparability of situations as they result from the ECJ case-law, ie the reference framework and the objectives pursued by the national authorities.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. The classification as State aid, within the meaning of the current Article 107(1) of the Treaty on the Functioning of the European Union (TFEU), has important consequences: it determines the extent of the European Commission's power to control State aid and, correlatively, the obligations imposed on Member States when they define the conditions of competition between undertakings established on their territory [1]. However, for almost twenty years now, the doctrine has consistently stressed that State aid is one of the relatively indeterminate categories of competition [2]law, and that one of the conditions constituting aid, that of selectivity, could

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  • University Sorbonne Nouvelle - Paris 3


Olivier Peiffert, Comparisons are odious: Clarification of the state aid’s criterion of selectivity, September 2017, Concurrences N° 3-2017, Art. N° 84403, pp.52-63

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