Einde inhoudsopgave
State aid to banks (IVOR nr. 109) 2018/2.4.2
2.4.2 Article 107 (3) TFEU
mr. drs. R.E. van Lambalgen, datum 01-12-2017
- Datum
01-12-2017
- Auteur
mr. drs. R.E. van Lambalgen
- JCDI
JCDI:ADS590545:1
- Vakgebied(en)
Financieel recht / Europees financieel recht
Mededingingsrecht / EU-mededingingsrecht
Voetnoten
Voetnoten
Art. 107(3) TFEU reads as follows: “The following may be considered to be compatible with the internal market: (a) aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious underemployment, and of the regions referred to in Article 349, in view of their structural, economic and social situation; (b) aid to promote the execution of an important project of common European interest or to remedy a serious disturbance in the economy of a Member State; (c) aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does not adversely affect trading conditions to an extent contrary to the common interest; (d) aid to promote culture and heritage conservation where such aid does not affect trading conditions and competition in the Union to an extent that is contrary to the common interest; (e) such other categories of aid as may be specified by decision of the Council on a proposal from the Commission.”
Nicolaides, Kekelekis & Kleis 2008, p. 48.
Only in the “Greek industry case” the Commission authorised the aid. See: Commission decision 88/167/EEC of 7 October 1987.
Art. 107(3) TFEU provides for five situations in which aid may be authorised.1 Not all of these five provisions are equally important. Article 107(3)(a) and (c) are usually considered to be the most important exemptions.2 The other provisions are less frequently used.
The Commission can authorise regional aid on the basis of (a) and (c). Article 107(3)(c) TFEU is wider in scope than (a), because Article 107(3)(a) only applies to regions where the standard of living is abnormally low or where there is serious underemployment. This requirement does not apply to aid that is based on Article 107(3)(c) TFEU. Article 107(3)(c) TFEU is not only used in relation to regional aid; it also provides an exemption for other types of aid. In fact, most horizontal rules are based on Article 107(3)(c) TFEU.
Until the financial crisis of 2008, the exemption of Article 107(3)(b) TFEU was rarely used.3 The financial crisis of 2008 changed this: the Commission created the so-called Crisis Framework, which was based on Article 107(3)(b) TFEU. This Crisis Framework will be discussed in detail in section 3.4.1.