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Part III Rules for the Compatibility of State Aid, 3 Aid Subject to a Discretionary Assessment under Article 107(3) TFEU

Viktor Kreuschitz, Hanns Peter Nehl

From: State Aid Law of the European Union

Edited By: Herwig C. H. Hofmann, Claire Micheau

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 20 September 2020

European Union — Commission — Public undertakings — Culture and heritage — Economic activities or development — Employment aid — National regional aid

This chapter identifies aid subject to a discretionary assessment under Article 107(3) TFEU. In the evaluation of State aid under Article 107(3) TFEU the Commission must rely on ‘complex economic, social, regional and structural assessments’ and therefore, its decisions are covered by the notion of a broad discretion. Specifically, Article 107(3) TFEU addresses aids which may be compatible with the internal market, depending on the interpretation made by the Commission. Different categories are addressed, including aid promoting the economic development of areas where the standard of living is abnormally low or where there is serious underemployment; aid promoting the execution of an important project of common European interest or to remedy a serious disturbance in the economy of a Member State; aid facilitating the development of certain economic activities or of certain economic areas; and aid promoting culture and heritage conservation or any other categories specified by decision of the Council.

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