Source: All England Reporter
Publisher Citation: [2002] All ER (D) 241 (Oct)
Court: Court of First Instance of the European Communities (Fifth Chamber, Extended Composition)

Judges Cooke (President), Garcia-Valdecasas, Lindh, Norwood and Legal

Judgment Dates: 17 October 2002


European Communities - State aids and regional policy - State aids - Commercial agreement - Definition of state aid.

The Case

Where the applicant agreed to build a facility to produce carbon monoxide, and under that agreement a public body agreed to make an 'investment subsidy' to the applicant, it was held that since the agreement had been essentially commercial in nature, the subsidy did not constitute state aid for the purposes of art87 of the Treaty.

Practice Areas

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