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Part III Rules for the Compatibility of State Aid, 4 Transport Aid

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, 2021. All Rights Reserved.date: 17 January 2021

European Union — Transport — State aid

This chapter focuses on transport aid. Transport has, in many regards, always had a special place in EU law. In this diverse sector, the Union's powers are constrained and wide-ranging at the same time. On the one hand, the freedom to provide services only applies to transport if the Union legislators have adopted secondary legislation on market opening. On the other hand, the Court has emphasized on several occasions that the Treaty chapter on transport, Title VI, confers wide-ranging competences on the Union, enabling it to develop a common transport policy. Within this, the Union's powers with regards to State aid have steadily been growing in significance. The transport sector is not only ‘special’ when it comes to its place within EU law and State aid law in general, but also with regards to its place in services of general economic interest.

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