EUR-Charts

The box in the 5th row, entitled “Consequence”, must read:

Consequence

Conduct meeting the above conditions is contrary to EU law (“incompatible with the internal market”, Art. 107(1) TFEU) …
… unless a derogation under Art. 107(2) or (3) TFEU or under Art. 93 TFEU applies (see Chart C52) or the case falls under Art. 106(2) TFEU (see Chart C45).

The very last box (at the bottom) must read:

Notes:

• Even though Art. 107(1) TFEU does not use the term “prohibition”, the ECJ in fact treats it as such; e.g. Commission v France (1969), Holland Malt (2009).

• The Commission has published a number of Guidelines on the application of Art. 107 TFEU in certain, specific contexts; e.g.:

• Guidelines on State aid for rescuing and restructuring firms in difficulty (2004) (there are new Draft Guidelines on state aid for rescuing and restructuring non-financial undertakings in difficulty);
• Guidelines on state aid to promote risk finance investments (2014);
• Guidelines on environmental and energy state aid 2014-2020.