The EU General Court explains that the fact that undertakings are obliged by law to comply with certain tests does not justify the subsidisation of their costs with public funds (Belgium)
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Do Free but Compulsory Tests Confer a Selective Advantage?*
State aid rules apply to measures which are either harmonised at EU level or are left to the discretion of Member States. The protection of public health is no sufficient reason for removing a public measure from the scope of Article 107(1). The fact that undertakings are obliged by law to comply with certain tests does not justify the subsidisation of their costs with public money. A measure is selective when it does not apply to all undertakings.
Introduction
This article tackles an issue that often puzzles public officials. It appears reasonable and fair that undertakings, which are compelled by law to follow a certain procedure or undertake a certain test, are also reimbursed for the cost of the compulsory procedure or
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