Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
Informační Systém pro Aproximaci Práva
Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61959J0030
Název:
Title: 		JUDGMENT OF THE COURT OF 23 FEBRUARY 1961. DE GEZAMENLIJKE STEENKOLENMIJNEN IN LIMBURG V HIGH AUTHORITY OF THE ECSC. CASE 30-59.
Publikace:
Publication:		REPORTS OF CASES 1961 PAGES 0001 DANISH EDITION....: 1961 PAGES 0211
Předmět (klíčová slova):
Keywords		COMPETITION;STATE AIDS;
Související předpisy:
Corresponding acts:
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. TO ENABLE AN UNDERTAKING TO INSTITUTE PROCEEDINGS AGAINST A DECISION CONCERNING IT WHICH IS INDIVIDUAL IN CHARACTER, IT IS NOT NECESSARY THAT IT SHOULD BE THE ONLY, OR ALMOST THE ONLY, PARTY CONCERNED BY THE DECISION.

2. THE INTERVENTION PROCEDURE WOULD BE DEPRIVED OF ALL MEANING IF THE INTERVENER WERE TO BE DENIED THE USE OF ANY ARGUMENT WHICH HAD NOT BEEN USED BY THE PARTY WHICH IT SUPPORTED.

3. THE SUBSIDIES OR AIDS WHICH ARTICLE 4 (C) RECOGNIZES AS INCOMPATIBLE WITH THE COMMON MARKET AND WHICH, IN CONSEQUENCE, ARE ABOLISHED AND PROHIBITED, COME WITHIN THE NORMAL DEFINITION OF A SUBSIDY AS A PAYMENT IN CASH OR IN KIND MADE IN SUPPORT OF AN UNDERTAKING OTHER THAN THE PAYMENT BY THE PURCHASER OR CONSUMER FOR THE GOODS OR SERVICES WHICH IT PRODUCES. THE NORMAL DEFINITION OF AN AID, WHICH IS A VERY SIMILAR CONCEPT, PLACES EMPHASIS ON ITS PURPOSE AND AN AID SEEMS ESPECIALLY DEVISED FOR A PARTICULAR OBJECTIVE WHICH CANNOT USUALLY BE ACHIEVED WITHOUT OUTSIDE HELP. THE CONCEPT OF AID IS NEVERTHELESS WIDER THAN THAT OF A SUBSIDY BECAUSE IT EMBRACES NOT ONLY POSITIVE BENEFITS, SUCH AS SUBSIDIES THEMSELVES, BUT ALSO INTERVENTIONS WHICH, IN VARIOUS FORMS, MITIGATE THE CHARGES WHICH ARE NORMALLY INCLUDED IN THE BUDGET OF AN UNDERTAKING AND WHICH, WITHOUT, THEREFORE, BEING SUBSIDIES IN THE STRICT MEANING OF THE WORD, ARE SIMILAR IN CHARACTER AND HAVE THE SAME EFFECT.

4. ARTICLE 4 (C) AND ARTICLE 67 COVER TWO DIFFERENT FIELDS : THE FIRST ARTICLE ABOLISHES AND PROHIBITS CERTAIN ACTIONS BY THE MEMBER STATES IN THE FIELD WHICH, UNDER THE TREATY, COMES WITHIN THE JURISDICTION OF THE COMMUNITY, THE SECOND IS INTENDED TO PREVENT THE DISTORTION OF COMPETITION WHICH EXERCISE OF THE RESIDUAL POWERS OF THE MEMBER STATES INEVITABLY ENTAILS.

Plný text judikátu (Entire text of the Judgment):