Commission publishes practical guidance on the application of the notion of “indissoluble link”
The Commission has published Practical G uidance on the application of the notion of “indissoluble link”. According to the explanations provided by DG Competition, the Guidanceis meant to be an informative, non-exhaustive overview document supporting, in particular, eligible NGOs and Member State authorities with the preparation of their internal review requests or notification procedures.
This should be read in the context of the recent Commission’s amendments of State aid rules to allow NGOs to request an internal review of certain State aid decisions to ensure compliance with EU environmental law, addressing findings from the Aarhus Convention Compliance Committee.
The practical guidance refers to well-established case-law of the EU courts which clarify the notion of “indissoluble link” in the State aid field. It indicates the main aspects that should be considered in connection with the “indissoluble link” test i.e. the object of the aid, if the activity or aspects of the measure are necessary to achieve its objective or for its proper functioning.
A new page has been incorporated into DG Competition’s website to facilitate the so-called Aarhus – Requests for internal review of certain State aid decisions.
For more information, see the Commission’s practical guidance.