CASE COMMENTS: STATE AIDS – EUROPEAN UNION – CASE LAW – REGIONAL INVESTMENT AID – IN-DEPTH ASSESSMENT – INCENTIVE EFFECT – PROPORTIONALITY

Proportionality: The General Court of the European Union rules that the European Commission could reduce the aid amount compatible with the internal market to the amount strictly necessary to ensure that an investment project would be carried out in an assisted region, even if the thresholds laid down in the guidelines for the conduct of an in-depth assessment of the aid were not exceeded (BMW)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The BMW judgment of the Court of First Instance is of interest for understanding how the Commission's margin of discretion in examining the compatibility of aid with the internal market, compliance with the guidelines it issues and compliance with the block exemption regulations are articulated. It shows that the Commission's ability to carry out a thorough assessment of an individual aid measure remains considerable, even in areas which appear to be highly restricted by guidelines and exemption regulations. Compliance with the principle of proportionality can be regarded as strengthened by this judgment of the Court of First Instance. In 2010, BMW was

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  • European Commission - Legal Service (Brussels)

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Bruno Stromsky, Proportionality: The General Court of the European Union rules that the European Commission could reduce the aid amount compatible with the internal market to the amount strictly necessary to ensure that an investment project would be carried out in an assisted region, even if the thresholds laid down in the guidelines for the conduct of an in-depth assessment of the aid were not exceeded (BMW), 12 September 2017, Concurrences N° 4-2017, Art. N° 85159, pp. 146-148

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