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The Requirement of Selectivity in the Recent Case-Law of the Court of Justice

Miro Prek Silvère Lefèvre


I. Introduction Article 107(1) TFEU “prohibits State aid ‘favouring certain undertakings or the production of certain goods’, that is to say, selective aid”.1 In the context of the qualification of a measure as State Aid, this is known as the requirement that a selective advantage be granted (hereafter the requirement of “selectivity” or of “specificity”). According to a well-established case-law, it is a constituent factor in the concept of State Aid


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