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When Do Funds Become State Resources

The Notion of Aid in View of the Recent EEG and Achema Judgments

Antonios Bouchagiar


Keywords: State resources, Notion of aid, State control

The case-law on the notion of ‘State resources’ includes several landmark cases, where the Court of Justice has carefully delineated the scope of the Commission’s jurisdiction under EU State aid law. The present article aims at presenting a consistent interpretation of that case-law, starting from the Sloman Neptun judgment in 1993 up to the very recent judgments in EEG and in Achema in 2019. Although an isolated reading of the latter two judgments may give the impression that they contradict each other, the author is of the view that such impression would be erroneous and based on incomplete information. When seen in the full context of the case-law on the notion of ‘State resources’, those two judgments are perfectly complementary. The article concludes by presenting the three alternative situations where State resources would be present according to the case-law as it stands today.
Keywords: State resources; Notion of aid; State control.

Antonios Bouchagiar is a Member of the Legal Service, European Commission. The views expressed in this article are purely those of the author and may not in any circumstances be regarded as stating an official position of the European Commission.


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