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Part II The Notion of State Aid, 1 Criterion of State Origin

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: 25 July 2021

State aid provisions — European Union — State aid

This chapter identifies the criterion for assessing State origin. Determining whether a measure originates from State sources is a decisive criterion to assess whether the measure is a State aid within the meaning of Article 107 of the Treaty on the Functioning of the European Union (TFEU). This criterion involves two separate and cumulative sub-criteria: the direct or indirect granting of State resources and the imputability of the measure to the State. Accordingly, advantages granted directly or indirectly through State resources constitute State aids within the meaning of Article 107(1) TFEU. Meanwhile, the State ‘imputability’ criterion is easily fulfilled when the aid is granted by a public authority or by a public or private body which is designated to administer the measure.

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