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SM ISO690:2012 GVIDIANI, Alin. Regimul ajutoarelor de stat în Uniunea Europeană. In: Studii Juridice Universitare, 2008, nr. 3-4, pp. 256-269. ISSN 1857-4122. |
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Studii Juridice Universitare | |||||
Numărul 3-4 / 2008 / ISSN 1857-4122 | |||||
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Pag. 256-269 | |||||
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A company which receives government support obtains an advantage over its competitors. There‑fore, the EC Treaty generally prohibits State aid unless it is justified by reasons of general econo‑mic development. To ensure that this prohibition is respected and exemptions are applied equally across the European Union, the European Commission is in charge of watching over the compli‑ance of State aid with EU rules. As a first step, it has to determine whether a company has recei‑ved State aid, which is the case if the support meets the following criteria: a) there has been an in‑tervention by the State or through State resources which can take a variety of forms (e.g. grants, interest and tax reliefs, guarantees, government holdings of all or part of a company, or the provision of goods and services on preferential terms, etc.); b) the intervention confers an advantage to the recipient on a selective basis, for example to specific companies or sectors of the industry, or to companies located in specific regions; c) competition has been or may be distorted; d) the intervention is likely to affect trade between Member States. In the R. of Moldova, following the national trend of legal approximation by the acquis communautaire, Centre of Legal Approximation approved compatibility on the Draft Law on state aids. |
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