Kritérium selektivity v oblasti státní pomoci ve světle judikatury SDEU

Hlista, Jakub

The selectivity criterion is one of the defining elements of State aid within the meaning of Article 107(1) TFEU. The selectivity criterion is considered to be the most important and the most problematic in its application in the assessment of Member States' measures at the same time. The aim of this work is to analyze the development of ECJ's case-law and the Commission's decisional practice related to the selectivity criterion and by means of their analysis to point out the disputableness and lack of clarity of the selecivity criterion and to critically assess the unpredictability and questionable character of certain judgments of the ECJ. The first chapter deals with an introduction to the issue of State aid, subsumes it under the system of competition and describes the defining elements of State aid. The second chapter analyzes one of the two features, into which the selectivity criterion divides, referred to as an advantage. It describes both the broad concept of advantage and also a way how to identify an advantage. It also addresses the exceptions and specific regimes to which the provisions on State aid in principle do not apply. The third chapter considers general issues relating to the second feature of the selectivity criterion, which is selectivity (in the strict sense). It also pays...

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