Einde inhoudsopgave
State aid to banks (IVOR nr. 109) 2018/2.4.1
2.4.1 Article 107 (2) TFEU
mr. drs. R.E. van Lambalgen, datum 01-12-2017
- Datum
01-12-2017
- Auteur
mr. drs. R.E. van Lambalgen
- JCDI
JCDI:ADS588205:1
- Vakgebied(en)
Financieel recht / Europees financieel recht
Mededingingsrecht / EU-mededingingsrecht
Voetnoten
Voetnoten
Art. 107(2) TFEU reads as follows: “The following shall be compatible with the internal market: (a) aid having a social character, granted to individual consumers, provided that such aid is granted without discrimination related to the origin of the products concerned; (b) aid to make good the damage caused by natural disasters or exceptional occurrences; (c) aid granted to the economy of certain areas of the Federal Republic of Germany affected by the division of Germany, in so far as such aid is required in order to compensate for the economic disadvantages caused by that division. Five years after the entry into force of the Treaty of Lisbon, the Council, acting on a proposal from the Commission, may adopt a decision repealing this point.”
Alberto Santa Maria, p. 51.
Nicolaides, Kekelekis & Kleis 2008, p. 45.
N217/2002.
N42b/2003.
Art. 107(2) TFEU provides for three situations in which aid is automatically authorised.1 The first situation relates to price subsidies that enable the pro vision of services at lower rates to disadvantages users (such as low income groups, handicapped people or elderly people).2 The second situation relates to compensation for damage caused by natural disasters or exceptional occurrences. The third situation relates to compensation for the disadvantages that were caused by the division of Germany. However, since the reunification of Germany, aid has not been authorised on the basis of this provision.3
The exemption of Article 107(2)(b) has received the most attention in the liter-ature. On the basis of this provision, compensation for damage caused by natural disasters or exceptional occurrences is automatically authorised. This raises the question what constitutes a ‘natural disaster’ or ‘exceptional occurrence’. In the decisional practice of the Commission, these notions have been clarified. In the context of the Netherlands, the following cases can serve as a good example of aid that falls under the scope of Article 107(2)(b) TFEU: the firework disaster in Enschede4, and the flooding of the Maas in 20035.