COM(2007)347 - State Aid Scoreboard - spring 2007 update -

official title

 

Legal instrument	Report
reference by COM-number277	COM(2007)347
Additional COM-numbers	COM(2007)347
CELEX number280	52007DC0347

This page is also available in a full version containing the latest state of affairs, the legal context, other dossiers related to the dossier at hand, the stakeholders involved (e.g. European Commission directorates-general, European Parliament committees, Council configurations and even individual EU Commissioners and Members of the European Parliament) and finally documents of the European Parliament, the Council of Ministers and the European Commission.

• 1. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 2. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 3. 

  Competition is vital for the economy to be efficient. In this context,
   
• 4. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 5. 

  Competition is vital for the economy to be efficient. In this context,
   
• 6. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 7. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 8. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 9. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 10. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 11. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 12. 

  See European Council Conclusions of November 2004 and March 2005.
  
   
• 13. 

  "A Single Market for Citizens
   
• 14. 

  See points 8 and 23 of the SAAP. COM(2005)107 final of 7 June 2005.
  
   
• 15. 

  For further details, see section 1.2 below.
  
   
• 16. 

  COM(2006)761 final of 11 December 2006.
  
   
• 17. 

  The term 'ex officio case' is used for a state aid case which is not brought to the Commission attention through a notification or a complaint but which is started at the Commission's own initiative and on the basis of its own investigation.
  
   
• 18. 

  In the period 2000-2006 the Commission has not taken any decisions on unlawful aid concerning six Member States: Estonia, Cyprus, Latvia, Lithuania, Malta and Slovenia. Note that EU-10 Member States joined the Union on 1st May 2004 and therefore they are not fully comparable with EU-15 Member States. As Bulgaria and Romania joined the Union on 1st January 2007, they are not included in this Scoreboard update.
  
   
• 19. 

  Decision 'not to raise objection' according to Article 4(3) of the Procedural Regulation.
  
   
• 20. 

  Decision 'does not constitute aid' according to Article 4(2) of the Procedural Regulation.
  
   
• 21. 

  Decision 'to initiate the formal investigation procedure' according to Article 4(4) of the Procedural Regulation.
  
   
• 22. 

  'Positive decision' according to Article 7(3) of the Procedural Regulation.
  
   
• 23. 

  'Conditional decision' according to Article 7(4) of the Procedural Regulation.
  
   
• 24. 

  'Negative decision' according to Article 7(5) of the Procedural Regulation.
  
   
• 25. 

  State aid case C 66/2001 (ex NN 2/2000). Final negative decision published in OJ L 314 of 18 November 2002, p. 72.
  
   
• 26. 

  The autumat were adopted before 1 January 2000.
  
   
• 27. 

  See points 8 and 23 of the SAAP. COM(2005)107 final of 7 June 2005.
  
   
• 28. 

  See European Council Conclusions of November 2004 and March 2005.
  
   
• 29. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 30. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 31. 

  "A Single Market for Citizens
   
• 32. 

  See European Council Conclusions of November 2004 and March 2005.
  
   
• 33. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 34. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 35. 

  Excluding recovery cases in the agriculture sector.
  
   
• 36. 

  Competition is vital for the economy to be efficient. In this context,
   
• 37. 

  Excluding recovery cases in the agriculture sector.
  
   
• 38. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 39. 

  On 31 December 2006, there were still a further 8 recovery decisions pending that were adopted before 1 January 2000.
  
   
• 40. 

  The autumat were adopted before 1 January 2000.
  
   
• 41. 

  The autumn 2005 State aid Scoreboard (COM(2005)624 final of 9 December 2005) reported a total of
   
• 42. 

  Total amount recovered (including interest and aid lost in bankruptcy reported in December 2004 was
   
• 43. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 44. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 45. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 46. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 47. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 48. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 49. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 50. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 51. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 52. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 53. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 54. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 55. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 56. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 57. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 58. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 59. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 60. 

  Competition is vital for the economy to be efficient. In this context,
   
• 61. 

  In insolvency cases, the recovery claim is normally only partially satisfied. The remainder is
   
• 62. 

  C 45/2001, C 46/2001, C 47/2001, C 48/ 2001, C 49/2001, C 50/2001, C 51/2001, C 54/2001 and C 30/2002.
  
   
• 63. 

  Competition is vital for the economy to be efficient. In this context,
   
• 64. 

  SG(84) D/6421 of 16 May 1984.
  
   
• 65. 

  See ECOFIN conclusions of 1 December 1997 including a package of three initiatives aimed at tackling harmful tax competition.
  
   
• 66. 

  Case C15/2002 - OJ L282 of 30 October 2003
  
   
• 67. 

  C 13a/2003 (ex NN 779/2002)
   
• 68. 

  ERAP is a state-owned industrial and commercial establishment. Its mission is to acquire, at the request of the French government, equity interests in companies in the energy, pharmaceutical and telecommunications sectors.
  
   
• 69. 

  State aid case C 66/2001 (ex NN 2/2000). Final negative decision published in OJ L 314 of 18 November 2002, p. 72.
  
   
• 70. 

  See point 17 of the SAAP.
  
   
• 71. 

  See the webpage of the Office of the Cypriot Commissioner for State aid control (www.publicaid.gov.cy/publicaid/publicaid.nsf).
  
   
• 72. 

  See Article 11 of the draft Spanish law for the protection of competition ( 'Proyecto de Ley de defensa de la competencia' ).
  
   
• 73. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 74. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 75. 

  See ECJ judgement of 5 October 2006 in case C-232/05, Commission v. France.
  
   
• 76. 

  See ECJ judgement of 15 July 1964 in case 6/64, Flaminio Costa v. ENEL, Rec. 1964, p. 585.
  
   
• 77. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 78. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 79. 

  See ECJ judgement of 11 December 1973 in case 120/73, Gebrüder Lorenz GmbH v. Germany, Rec. 1973, p. 1471.
  
   
• 80. 

  See ECJ judgement of 11 July 1996 in case C-39/94, Syndicat Français de l'Express International (hereinafter, SFEI) v. La Poste, Rec. 1996, p. I-3547.
  
   
• 81. 

  See ECJ judgement of 29 November 1991 in case C-354/90, Fédération Nationale du Commerce Extérieur des Produits Alimentaires et Syndicat National des Négociants et Transformateurs du Saumon v. France, Rec. 1991, p. I-5505.
  
   
• 82. 

  See Notice on cooperation between national courts and the Commission in the State aid field. OJ C 312 of 23 November 1995, p.8.Point 56 of the SAAP announces a possible revision of this Notice, which would focus particularly on the need to extend it to other national bodies.
  
   
• 83. 

  See points 17 and 55 of the SAAP.
  
   
• 84. 

  Competition is vital for the economy to be efficient. In this context,
   
• 85. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 86. 

  JESTAEDT, T., DERENNE, J. and OTTERVANGER, T. (Coord.). Study on the enforcement of state aid law at national level. Competition studies 6, OPOCE. Luxembourg, March 2006. Please note that this study covers only EU-15.
  
   
• 87. 

  Even though the number of cases increased substantially (from 116 to 386) only in very few cases the action brought by a competitor before a national court resulted in the actual suspension or recovery of an unlawful aid.
  
   
• 88. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 89. 

  See Article 211, first indent, of the EC Treaty.
  
   
• 90. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 91. 

  Competition is vital for the economy to be efficient. In this context,
   
• 92. 

  See Recitals 11 to 14 and Chapter III (Articles 10 to 15) of the Procedural Regulation.
  
   
• 93. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 94. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 95. 

  Competition is vital for the economy to be efficient. In this context,
   
• 96. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 97. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 98. 

  See state aid case C 37/2005 (ex NN 11/2004)
   
• 99. 

  See Article 15 of the Procedural Regulation.
  
   
• 100. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 101. 

  See point 53, first indent, of the SAAP.
  
   
• 102. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 103. 

  For further details, see Table 5 of this report.
  
   
• 104. 

  ECJ judgement of 12 May 2005 in case C-415/03, Commission v. Greece.
  
   
• 105. 

  CFI judgement of 13 September 1996 in joined cases T-244/93 and T-486/93, Textilwerke Deggendorf GmbH (hereinafter, TWD) versus Commission, Rec. 1995, p. I-2265; ECJ judgement of 15 May 1997 in case C-355/95 P, TWD versus Commission, Rec. 1997, p. I-2549.In 1995, the Commission adopted a decision in which it ordered the German authorities to suspend the payment of new compatible aid to TWD until they had completed the recovery of an old unlawful and incompatible aid from that company. This decision was upheld by the CFI and the ECJ. In its judgement the CFI confirmed that "When the Commission considers the compatibility of a State aid with the common market, it must take all the relevant factors into account including, where relevant, the circumstances already considered in a prior decision and the obligations which that previous decision may have imposed on a Member State. It follows that the Commission had the power to take into consideration, first, any accumulated effect of the
   
• 106. 

  Cases where for instance the beneficiary of the new aid is a newly created legal entity controlled by the beneficiary of the old unlawful aid.
  
   
• 107. 

  See state aid case C 35/2003 (ex N 90/2002)
   
• 108. 

  Case T-303/05.
  
   
• 109. 

  See point 11 of Part I
   
• 110. 

  See, as a matter of example, state aid cases N 410/2005, N 610/2005, N 620/2005, N 9/2006, N 264/2006, N 291/2006 and N 390/2006.
  
   
• 111. 

  See point 2.5 of the Community guidelines on State aid for rescuing and restructuring firms in difficulty. OJ C 244 of 1 October 2004, p. 5.
  
   
• 112. 

  See Recital 13 and Article 7(g) of Commission Regulation (EC) No 1628/2006 of 24 October 2006 on the application of Articles 87 and 88 of the Treaty to national regional investment aid. OJ L 302 of 1 November 2006, pp. 31 and 36.
  
   
• 113. 

  The adoption of this notice is foreseen for the end of 2007.
  
   
• 114. 

  COM(2005) 107 final of 7 June 2005, europa.eu.int/comm/competition/state_aid/others
  
   
• 115. 

  Commission communication concerning the prolongation of the Framework on State aid to shipbuilding - adopted by the Commission on 24 October 2006. OJ C 260 of 28 October 2006, p. 7.
  
   
• 116. 

  Commission Regulation (EC) No 1857/2006, of 15 December 2006, on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001. OJ L 358 of 16 December 2006, p. 3.
  
   
• 117. 

  Community guidelines for State aid in the agriculture and forestry sector 2007 to 2013. OJ C 319 of 27 December 2006, p. 1.
  
   
• 118. 

  Commission Regulation (EC) No 1998/2006 of the 15th December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid. OJ L 379, 28.12.2006.
  
   
• 119. 

  Commission Regulation (EC) No 1976/2006, of 20 December 2006, amending Regulations (EC) No 2204/2002, (EC) No 70/2001 and (EC) No 68/2001 as regards the extension of the periods of application (Prolongation of existing State aid block exemptions). OJ L 368 of 23 December 2006, p. 85.
  
   
• 120. 

  Prolongation of the Cinema Communication, adopted by the European Commission on 13 June 2007, Press release IP/07/820
  
   
• 121. 

  Regulation (EC) No 1860/2004, of 6 October 2004. OJ L 325 of 28 October 2004, p. 4.
  
   
• 122. 

  Community guidelines on State aid for environmental protection , Official Journal C 37, 03.02.2001, pages 3-15
  
   
• 123. 

  Draft Community guidelines on environmental protection, published on 10 May 2007, ec.europa.eu/comm/competition/state_aid/reform
  
   
• 124. 

  OJ L 140, 30.4. 2004, p.1. Regulation as last amended by Regulation No 1935/2006, OJ L 407, 30.12. 2006, p.1.
  
   
• 125. 

  Council Regulation (EC) No 1407/2002 of 23 July 2002 on State aid to the coal industry, OJ L 205, 02/08/2002 P. 0001
   
• 126. 

  Commission Report on the Application of Council Regulation (EC) No 1407/2002 on State Aid to the Coal Industry, COM2007(253), 21.05.2007,ec.europa.eu/dgs/energy_transport/state_aid/doc
  
   
• 127. 

  The Netherlands notified their regional aid map in May 2007. Italy has not yet notified its map.
  
   
• 128. 

  Commission Regulation (EC) No 70/2001, of 12 January 2001, on State aid to SME
   
• 129. 

  COM (2006) 761 final, 11.12.2006
  
   
• 130. 

  In 2006 there were more than 200 registered complaints, some of which may have led (or may lead) to new registered cases.
  
   
• 131. 

  This figure excludes measures submitted under the block exemption regulations.
  
   
• 132. 

  In insolvency cases, the recovery claim is normally only partially satisfied. The remainder is
   
• 133. 

  The autumat were adopted before 1 January 2000.
  
   
• 134. 

  In the period 2000-2006 the Commission has not taken any decisions on unlawful aid concerning six Member States: Estonia, Cyprus, Latvia, Lithuania, Malta and Slovenia. Note that EU-10 Member States joined the Union on 1st May 2004 and therefore they are not fully comparable with EU-15 Member States. As Bulgaria and Romania joined the Union on 1st January 2007, they are not included in this Scoreboard update.
  
   
• 135. 

  See points 8 and 23 of the SAAP. COM(2005)107 final of 7 June 2005.
  
   
• 136. 

  See European Council Conclusions of November 2004 and March 2005.
  
   
• 137. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 138. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 139. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 140. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 141. 

  Competition is vital for the economy to be efficient. In this context,
   
• 142. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 143. 

  Competition is vital for the economy to be efficient. In this context,
   
• 144. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 145. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 146. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 147. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 148. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 149. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 150. 

  See European Council Conclusions of November 2004 and March 2005.
  
   
• 151. 

  "A Single Market for Citizens
   
• 152. 

  See points 8 and 23 of the SAAP. COM(2005)107 final of 7 June 2005.
  
   
• 153. 

  For further details, see section 1.2 below.
  
   
• 154. 

  COM(2006)761 final of 11 December 2006.
  
   
• 155. 

  The term 'ex officio case' is used for a state aid case which is not brought to the Commission attention through a notification or a complaint but which is started at the Commission's own initiative and on the basis of its own investigation.
  
   
• 156. 

  In the period 2000-2006 the Commission has not taken any decisions on unlawful aid concerning six Member States: Estonia, Cyprus, Latvia, Lithuania, Malta and Slovenia. Note that EU-10 Member States joined the Union on 1st May 2004 and therefore they are not fully comparable with EU-15 Member States. As Bulgaria and Romania joined the Union on 1st January 2007, they are not included in this Scoreboard update.
  
   
• 157. 

  Decision 'not to raise objection' according to Article 4(3) of the Procedural Regulation.
  
   
• 158. 

  Decision 'does not constitute aid' according to Article 4(2) of the Procedural Regulation.
  
   
• 159. 

  Decision 'to initiate the formal investigation procedure' according to Article 4(4) of the Procedural Regulation.
  
   
• 160. 

  'Positive decision' according to Article 7(3) of the Procedural Regulation.
  
   
• 161. 

  'Conditional decision' according to Article 7(4) of the Procedural Regulation.
  
   
• 162. 

  'Negative decision' according to Article 7(5) of the Procedural Regulation.
  
   
• 163. 

  State aid case C 66/2001 (ex NN 2/2000). Final negative decision published in OJ L 314 of 18 November 2002, p. 72.
  
   
• 164. 

  The autumat were adopted before 1 January 2000.
  
   
• 165. 

  See points 8 and 23 of the SAAP. COM(2005)107 final of 7 June 2005.
  
   
• 166. 

  See European Council Conclusions of November 2004 and March 2005.
  
   
• 167. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 168. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 169. 

  "A Single Market for Citizens
   
• 170. 

  See European Council Conclusions of November 2004 and March 2005.
  
   
• 171. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 172. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 173. 

  Excluding recovery cases in the agriculture sector.
  
   
• 174. 

  Competition is vital for the economy to be efficient. In this context,
   
• 175. 

  Excluding recovery cases in the agriculture sector.
  
   
• 176. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 177. 

  On 31 December 2006, there were still a further 8 recovery decisions pending that were adopted before 1 January 2000.
  
   
• 178. 

  The autumat were adopted before 1 January 2000.
  
   
• 179. 

  The autumn 2005 State aid Scoreboard (COM(2005)624 final of 9 December 2005) reported a total of
   
• 180. 

  Total amount recovered (including interest and aid lost in bankruptcy reported in December 2004 was
   
• 181. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 182. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 183. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 184. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 185. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 186. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 187. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 188. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 189. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 190. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 191. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 192. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 193. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 194. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 195. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 196. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 197. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 198. 

  Competition is vital for the economy to be efficient. In this context,
   
• 199. 

  In insolvency cases, the recovery claim is normally only partially satisfied. The remainder is
   
• 200. 

  C 45/2001, C 46/2001, C 47/2001, C 48/ 2001, C 49/2001, C 50/2001, C 51/2001, C 54/2001 and C 30/2002.
  
   
• 201. 

  Competition is vital for the economy to be efficient. In this context,
   
• 202. 

  SG(84) D/6421 of 16 May 1984.
  
   
• 203. 

  See ECOFIN conclusions of 1 December 1997 including a package of three initiatives aimed at tackling harmful tax competition.
  
   
• 204. 

  Case C15/2002 - OJ L282 of 30 October 2003
  
   
• 205. 

  C 13a/2003 (ex NN 779/2002)
   
• 206. 

  ERAP is a state-owned industrial and commercial establishment. Its mission is to acquire, at the request of the French government, equity interests in companies in the energy, pharmaceutical and telecommunications sectors.
  
   
• 207. 

  State aid case C 66/2001 (ex NN 2/2000). Final negative decision published in OJ L 314 of 18 November 2002, p. 72.
  
   
• 208. 

  See point 17 of the SAAP.
  
   
• 209. 

  See the webpage of the Office of the Cypriot Commissioner for State aid control (www.publicaid.gov.cy/publicaid/publicaid.nsf).
  
   
• 210. 

  See Article 11 of the draft Spanish law for the protection of competition ( 'Proyecto de Ley de defensa de la competencia' ).
  
   
• 211. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 212. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 213. 

  See ECJ judgement of 5 October 2006 in case C-232/05, Commission v. France.
  
   
• 214. 

  See ECJ judgement of 15 July 1964 in case 6/64, Flaminio Costa v. ENEL, Rec. 1964, p. 585.
  
   
• 215. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 216. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 217. 

  See ECJ judgement of 11 December 1973 in case 120/73, Gebrüder Lorenz GmbH v. Germany, Rec. 1973, p. 1471.
  
   
• 218. 

  See ECJ judgement of 11 July 1996 in case C-39/94, Syndicat Français de l'Express International (hereinafter, SFEI) v. La Poste, Rec. 1996, p. I-3547.
  
   
• 219. 

  See ECJ judgement of 29 November 1991 in case C-354/90, Fédération Nationale du Commerce Extérieur des Produits Alimentaires et Syndicat National des Négociants et Transformateurs du Saumon v. France, Rec. 1991, p. I-5505.
  
   
• 220. 

  See Notice on cooperation between national courts and the Commission in the State aid field. OJ C 312 of 23 November 1995, p.8.Point 56 of the SAAP announces a possible revision of this Notice, which would focus particularly on the need to extend it to other national bodies.
  
   
• 221. 

  See points 17 and 55 of the SAAP.
  
   
• 222. 

  Competition is vital for the economy to be efficient. In this context,
   
• 223. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 224. 

  JESTAEDT, T., DERENNE, J. and OTTERVANGER, T. (Coord.). Study on the enforcement of state aid law at national level. Competition studies 6, OPOCE. Luxembourg, March 2006. Please note that this study covers only EU-15.
  
   
• 225. 

  Even though the number of cases increased substantially (from 116 to 386) only in very few cases the action brought by a competitor before a national court resulted in the actual suspension or recovery of an unlawful aid.
  
   
• 226. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 227. 

  See Article 211, first indent, of the EC Treaty.
  
   
• 228. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 229. 

  Competition is vital for the economy to be efficient. In this context,
   
• 230. 

  See Recitals 11 to 14 and Chapter III (Articles 10 to 15) of the Procedural Regulation.
  
   
• 231. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 232. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 233. 

  Competition is vital for the economy to be efficient. In this context,
   
• 234. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 235. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 236. 

  See state aid case C 37/2005 (ex NN 11/2004)
   
• 237. 

  See Article 15 of the Procedural Regulation.
  
   
• 238. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 239. 

  See point 53, first indent, of the SAAP.
  
   
• 240. 

  Article 1(f) of Council Regulation (EC) No 659/1999, of 22 March 1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (hereinafter, Procedural Regulation) precisely defines unlawful aid as new aid put into effect in contravention of Article 88(3) of the EC Treaty. OJ L 83 of 27 March 1999, p. 1.
  
   
• 241. 

  For further details, see Table 5 of this report.
  
   
• 242. 

  ECJ judgement of 12 May 2005 in case C-415/03, Commission v. Greece.
  
   
• 243. 

  CFI judgement of 13 September 1996 in joined cases T-244/93 and T-486/93, Textilwerke Deggendorf GmbH (hereinafter, TWD) versus Commission, Rec. 1995, p. I-2265; ECJ judgement of 15 May 1997 in case C-355/95 P, TWD versus Commission, Rec. 1997, p. I-2549.In 1995, the Commission adopted a decision in which it ordered the German authorities to suspend the payment of new compatible aid to TWD until they had completed the recovery of an old unlawful and incompatible aid from that company. This decision was upheld by the CFI and the ECJ. In its judgement the CFI confirmed that "When the Commission considers the compatibility of a State aid with the common market, it must take all the relevant factors into account including, where relevant, the circumstances already considered in a prior decision and the obligations which that previous decision may have imposed on a Member State. It follows that the Commission had the power to take into consideration, first, any accumulated effect of the
   
• 244. 

  Cases where for instance the beneficiary of the new aid is a newly created legal entity controlled by the beneficiary of the old unlawful aid.
  
   
• 245. 

  See state aid case C 35/2003 (ex N 90/2002)
   
• 246. 

  Case T-303/05.
  
   
• 247. 

  See point 11 of Part I
   
• 248. 

  See, as a matter of example, state aid cases N 410/2005, N 610/2005, N 620/2005, N 9/2006, N 264/2006, N 291/2006 and N 390/2006.
  
   
• 249. 

  See point 2.5 of the Community guidelines on State aid for rescuing and restructuring firms in difficulty. OJ C 244 of 1 October 2004, p. 5.
  
   
• 250. 

  See Recital 13 and Article 7(g) of Commission Regulation (EC) No 1628/2006 of 24 October 2006 on the application of Articles 87 and 88 of the Treaty to national regional investment aid. OJ L 302 of 1 November 2006, pp. 31 and 36.
  
   
• 251. 

  The adoption of this notice is foreseen for the end of 2007.
  
   
• 252. 

  COM(2005) 107 final of 7 June 2005, europa.eu.int/comm/competition/state_aid/others
  
   
• 253. 

  Commission communication concerning the prolongation of the Framework on State aid to shipbuilding - adopted by the Commission on 24 October 2006. OJ C 260 of 28 October 2006, p. 7.
  
   
• 254. 

  Commission Regulation (EC) No 1857/2006, of 15 December 2006, on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001. OJ L 358 of 16 December 2006, p. 3.
  
   
• 255. 

  Community guidelines for State aid in the agriculture and forestry sector 2007 to 2013. OJ C 319 of 27 December 2006, p. 1.
  
   
• 256. 

  Commission Regulation (EC) No 1998/2006 of the 15th December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid. OJ L 379, 28.12.2006.
  
   
• 257. 

  Commission Regulation (EC) No 1976/2006, of 20 December 2006, amending Regulations (EC) No 2204/2002, (EC) No 70/2001 and (EC) No 68/2001 as regards the extension of the periods of application (Prolongation of existing State aid block exemptions). OJ L 368 of 23 December 2006, p. 85.
  
   
• 258. 

  Prolongation of the Cinema Communication, adopted by the European Commission on 13 June 2007, Press release IP/07/820
  
   
• 259. 

  Regulation (EC) No 1860/2004, of 6 October 2004. OJ L 325 of 28 October 2004, p. 4.
  
   
• 260. 

  Community guidelines on State aid for environmental protection , Official Journal C 37, 03.02.2001, pages 3-15
  
   
• 261. 

  Draft Community guidelines on environmental protection, published on 10 May 2007, ec.europa.eu/comm/competition/state_aid/reform
  
   
• 262. 

  OJ L 140, 30.4. 2004, p.1. Regulation as last amended by Regulation No 1935/2006, OJ L 407, 30.12. 2006, p.1.
  
   
• 263. 

  Council Regulation (EC) No 1407/2002 of 23 July 2002 on State aid to the coal industry, OJ L 205, 02/08/2002 P. 0001
   
• 264. 

  Commission Report on the Application of Council Regulation (EC) No 1407/2002 on State Aid to the Coal Industry, COM2007(253), 21.05.2007,ec.europa.eu/dgs/energy_transport/state_aid/doc
  
   
• 265. 

  The Netherlands notified their regional aid map in May 2007. Italy has not yet notified its map.
  
   
• 266. 

  Commission Regulation (EC) No 70/2001, of 12 January 2001, on State aid to SME
   
• 267. 

  COM (2006) 761 final, 11.12.2006
  
   
• 268. 

  In 2006 there were more than 200 registered complaints, some of which may have led (or may lead) to new registered cases.
  
   
• 269. 

  This figure excludes measures submitted under the block exemption regulations.
  
   
• 270. 

  In insolvency cases, the recovery claim is normally only partially satisfied. The remainder is
   
• 271. 

  The autumat were adopted before 1 January 2000.
  
   
• 272. 

  In the period 2000-2006 the Commission has not taken any decisions on unlawful aid concerning six Member States: Estonia, Cyprus, Latvia, Lithuania, Malta and Slovenia. Note that EU-10 Member States joined the Union on 1st May 2004 and therefore they are not fully comparable with EU-15 Member States. As Bulgaria and Romania joined the Union on 1st January 2007, they are not included in this Scoreboard update.
  
   
• 273. 

  See points 8 and 23 of the SAAP. COM(2005)107 final of 7 June 2005.
  
   
• 274. 

  See European Council Conclusions of November 2004 and March 2005.
  
   
• 275. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 276. 

  ECJ judgement of 14 February 1990 in case C-301/87, France v. Commission ("Boussac"), Rec. 1990, p. I-307. Emphasis added.
  
   
• 277. 

  De Europese Commissie kent nummers toe aan officiële documenten van de Europese Unie. De Commissie maakt onderscheid in een aantal typen documenten door middel van het toekennen van verschillende nummerseries. Het onderscheid is gebaseerd op het soort document en/of de instelling van de Unie van wie het document afkomstig is.
   
• 278. 

  De Raad van de Europese Unie kent aan wetgevingsdossiers een uniek toe. Dit nummer bestaat uit een vijfcijferig volgnummer gevolgd door een schuine streep met de laatste twee cijfers van het jaartal, bijvoorbeeld 12345/00 - een document met nummer 12345 uit het jaar 2000.
   
• 279. 

  Het interinstitutionele nummer is een nummerreeks die binnen de Europese Unie toegekend wordt aan voorstellen voor regelgeving van de Europese Commissie.
  Binnen de Europese Unie worden nog een aantal andere nummerseries gebruikt. Iedere instelling heeft één of meerdere sets documenten met ieder een eigen nummering. Die reeksen komen niet overeen met elkaar of het interinstitutioneel nummer.
   
• 280. 

  Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
   
• 281. 

  Als dag van bekendmaking van een Europees besluit geldt de dag waarop het besluit in het Publicatieblad wordt bekendgemaakt, en daardoor in alle officiële talen van de Europese Unie bij het Publicatiebureau beschikbaar is.