Law 2101 Study Guide - Quiz Guide: Immola Airfield, De Minimis, Capital Market
Document Summary
State aid measures (art 87 89 ec) In general terms, aid can be designed to restructure an undertaking, to rescue an undertaking, or to help it with operating costs. The commission has provided guidelines on these in the. Community guidelines on state aid for rescuing and restructuring firms in difficulty. Thus, it is the commission which will develop general substantive policy in this area. Furthermore, it can choose how to develop its substantive policy, whether through formal legislation, through informal rule-making or individual decisions. Above all, guidelines (i. e. soft law) have the effect to reduce member states" room for manoeuvre in giving aid and the controller"s margin of discretion, choice and arbitrariness. Art 87(1) ec prohibits the use of state aids in ways that are incompatible with the common market". There are five conditions of applicability: any aid in any form whatsoever", no definition of aid" in art 87(1)/thus, broad view adopted by ecj and.