The following Competition practice note Produced in partnership with Garrigues provides comprehensive and up to date legal information covering:
Article 107(1) TFEU defines State aid as 'any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods (…), in so far as it affects trade between Member States'. The reference to 'any form whatsoever' makes reference to a concept of State aid much wider than direct subsidies to companies, and particularly it includes the possibility for the European Commission (Commission) to control possible aids granted by Member States through their tax legislation. This category of aid is called 'fiscal aid' and includes any legislative, regulatory or administrative measures related to Member States’ tax systems, especially, but not limited to, corporate taxation.
The Commission put fiscal aid under the spotlight in 1998, with the adoption of a 'Notice on the application of the State aid rules to measures relating to direct business taxation'. This Notice confirmed that Member States retain exclusive competence to design their tax systems and to adopt general measures of economic policy, but in doing so must respect EU law, including State aid law
The control of fiscal aid by the Commission therefore implies an important limitation in Member States’ powers to design their tax systems. The elements constituting the notion of State aid have been compiled by the Commission in its
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.