Law 2101 Study Guide - Quiz Guide: Preussenelektra, Hand Evaluation
Document Summary
State aid: financial aid given by the state to private undertakings. 2&3: justifications: 108 tfeu provides the procedural frame for the control of state aid within the union, 109 tfeu grants a regulatory competence to the council to make any appropriate regulations for the application of art. The court had to answer 4 questions to make a union interpretation: what is the relationship between the concept of aid granted by a member state" and. 107 states: any aid granted by a member state or through state resources: this concept of state aid requires the direct or indirect implication of state resources, the 2 conditions are cumulative or" should be and", preussenelektra par. The insistence on the use of state resources, by contrast, limits the scope of art 107 par. 1 to situations where the state specifically acts within the market. The test exploring the existence of economic favors is called the private investor or private creditor test.
