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STATE AID: The European Court of Justice brings clarification on "State resources"

STATE AID: On 10 November 2017, the European Court of Justice (ECJ) clarified the notion of “aid granted by a Member State or through State resources”.

The ECJ confirmed the large interpretation of the concept of State resources to catch all measures directly or indirectly under the control of the public authorities.

The notion of “public resources” include resources administrated by public undertakings, even though they originate from private sources.  The ECJ further confirmed that the control of the State over the public undertaking makes those resources public:  the State can indeed direct the use of company resources to finance or grant advantages to other companies.  

In the case at hand, TV2 Reklame and TVE Fund, based in Denmark, were public companies whose entire capital was owned by the Danish State, whose management was wholly under the control and resources at the disposal of the Danish State.  For the Court, the companies’ resources coming from private operators constituted State resources.   

 

Commission/TV2, C-656/15 P

Viasat Broadcasting UK/Commission, C-657/15 P

Bruno Lebrun

Laure Bersou