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"ARTICLE 108 TFEU" [2014] ELECD 887; in VerLoren van Themaat , Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2014) 256

Book Title: European Competition Law

Editor(s): VerLoren van Themaat , Weijer; Reuder, Berend

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783476862

Section: Chapter 11

Section Title: ARTICLE 108 TFEU

Number of pages: 35

Extract:

11
ARTICLE 108 TFEU*

PROCEDURE BEFORE THE COMMISSION: NOTIFICATION OF AID

1. The Commission shall, in cooperation with Member States, keep
under constant review all systems of aid existing in those States. It shall
propose to the latter any appropriate measures required by the progres-
sive development or by the functioning of the internal market.
2. If, after giving notice to the parties concerned to submit their com-
ments, the Commission finds that aid granted by a State or through
State resources is not compatible with the internal market having
regard to Article 107, or that such aid is being misused, it shall decide
that the State concerned shall abolish or alter such aid within a period
of time to be determined by the Commission.
If the State concerned does not comply with this decision within the
prescribed time, the Commission or any other interested State may, in
derogation from the provisions of Articles 258 and 259, refer the matter
to the Court of Justice of the European Union direct.
On application by a Member State, the Council may, acting unani-
mously, decide that aid which that State is granting or intends to grant
shall be considered to be compatible with the internal market, in dero-
gation from the provisions of Article 107 or from the regulations pro-
vided for in Article 109, if such a decision is justified by exceptional
circumstances. If, as regards the aid in question, the Commission has
already initiated the procedure provided for in the ...