CASE COMMENT: STATE AIDS - DISTORTION OF COMPETITION - AFFECT ON TRADE BETWEEN MEMBER STATES - STATEMENT OF REASONS

Statement of reasons: The CFI holds that, in State aid proceedings, the European Commission must show sufficiently clearly the link between the principles set out and the factual elements reported by the Commission (Wam)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – CFI, 6 September 2006, Italian Republic and Wam SpA v Commission, cases T-304/04 and T-316/04. This surprising judgment of the Court of First Instance throws doubt on well-established case law on the classification of aid because of the effects of a measure reinforcing (or likely to reinforce) the competitive situation of the beneficiary (see ECJ, 17 September 1980, Philip Morris Holland v. Commission, Case 730/79, ECR p. 2671). An Italian law of 29 June 1981 set up a fund for granting reduced-rate financing to firms exporting to non-member countries. Wam SpA had benefited from this financing for its commercial penetration in Japan, South Korea and

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Jacques Derenne, Statement of reasons: The CFI holds that, in State aid proceedings, the European Commission must show sufficiently clearly the link between the principles set out and the factual elements reported by the Commission (Wam), 6 September 2006, Concurrences N° 4-2006, Art. N° 12557, p. 104

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