2010/473/EU: Commission Decision of 15 December 2009 on support measures implemen... (32010D0473)
2010/473/EU: Commission Decision of 15 December 2009 on support measures implemented by Spain in the agricultural sector following the increase in fuel prices (notified under document C(2009) 9971)
- COMMISSION DECISION
- of 15 December 2009
- on support measures implemented by Spain in the agricultural sector following the increase in fuel prices
- (notified under document C(2009) 9971)
- (Only the Spanish text is authentic)
- (2010/473/EU)
- I.
- PROCEDURE
- II.
- DESCRIPTION
- 1.
- Measures to support agricultural cooperatives
- 2.
- Arguments raised by the Commission for the purposes of initiating the examination procedure
- III.
- COMMENTS FROM INTERESTED THIRD PARTIES
- 1.
- Comments from the Association of Service Station Managers
- 2.
- Comments from the Association of Service Station Managers of Madrid, the Catalan Federation of Service Stations and the Spanish Confederation of Service Stations
- 3.
- Comments from Agri-food Cooperatives Spain (formerly the Spanish Confederation of Agricultural Cooperatives)
- IV.
- SPAIN’S COMMENTS
- V.
- DECISION 2003/293/EC
- VI.
- JUDGMENT OF THE COURT OF FIRST INSTANCE IN CASE T-146/03
- 1.
- First part of the plea: error of assessment of the Spanish tax system vitiating the finding that the disputed measures do not confer any advantage on agricultural cooperatives
- 2.
- Second part of the plea: error of assessment that the disputed measures are in keeping with the nature and scheme of the Spanish tax system vitiating the finding of an absence of selectivity in relation to these measures
- VII.
- ASSESSMENT
- 1.
- Article 107(1) of the TFEU
- 1.1.
- The ‘State resources’ criteria
- 1.2.
- The ‘affecting trade’ criterion
- 1.3.
- The ‘advantage’ criterion
- 1.4.
- The ‘selectivity’ criterion
- 1.4.1.
- Do the measures favour certain undertakings or the production of certain goods?
- 1.4.2.
- Are the measures justified by the nature or scheme of the system?
- 1.5.
- Conclusions on the nature of ‘aid’ within the meaning of Article 107(1) of the TFEU
- 2.
- The unlawfulness of the aid
- 3.
- Examination of the compatibility of the aid
- 4.
- Conclusion in the light of existing provisions
- VIII.
- RECOVERY
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6
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