How State aid rules are being applied to European football: Part 1 – examples of the Commission’s approachRichard Craven
The Investigations into football clubs in Spain and the Netherlands
Football State aid
The 2013 investigations involve existing aid for which mandatory advance Commission notification and approval (Article 108(3) and (2) TFEU) have not taken place. The compatibility of this “unlawful” aid is nevertheless dependent on a Commission determination of compatibility with the internal market. As initial analysis has not resolved doubts over compatibility, an in-depth investigation has been commenced; although no conclusions can be drawn, such a contentious, resource intensive and public step is clearly not a good sign for the clubs involved.
Article 107(1) sets forth a broad prohibition:
… 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 shall, in so far as it affects trade between Member States, be incompatible with the internal market.
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- Tags: European Commission | European Ombudsman | Financial Fair Play | Football | Holland | Spain | State Aid Law | Treaty on the Functioning of the European Union | UEFA Club Licensing
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