Must the Commission Prohibit State Aid That Harms the Environment?

Phedon Nicolaides*

*Corresponding author for this work

Research output: Contribution to journalArticleAcademicpeer-review

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Abstract

This article investigates the compatibility with the internal market of State aid that may directly or indirectly harm the environment and climate. It examines the case law on State aid and compliance with Article 107(3) TFEU and concludes that the Court of Justice has not laid down any general obligation for the European Commission to prohibit any State aid measure that may have a harmful effect. The European Commission is only required to prohibit aid whose objective is inextricably linked to a contravention of EU environmental law.
Original languageEnglish
Pages (from-to)17-28
Number of pages12
JournalEuropean State Aid Law Quarterly
Volume22
Issue number1
DOIs
Publication statusPublished - 1 Jan 2023

Keywords

  • Article 107(3)(c)
  • environmental protection
  • green transition
  • inextricable contravention of EU law

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