Österreichisches und europäisches Wirtschaftsprivatrecht
Teil 8/2: Staatliche Beihilfen
According to Article 88 (3) Member States may not grant new aid before the commission has had the opportunity to examine the aid measure. The European Court of Justice has made clear that this provision is directly applicable. The same is true for the general prohibition of aid contained in Article 87 (1) once this provision has been applied to a specific aid measure by the commission in a formal decision. Direct applicability not only means that these provisions can be invoked by private...
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