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 language | English |
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Pages (from-to) | 17-28 |
Number of pages | 12 |
Journal | European State Aid Law Quarterly |
Volume | 22 |
Issue number | 1 |
DOIs | |
Publication status | Published - 1 Jan 2023 |
Keywords
- Article 107(3)(c)
- environmental protection
- green transition
- inextricable contravention of EU law