State aid

Abstract

This chapter outlines the interpretation and application of EEA State aid law by ESA and the EFTA Court. With their respective case-law, both institutions have contributed significantly to the development of this important competition law discipline. Bearing in mind that EEA State aid law is closely modelled on the corresponding EU law, both ESA and the EFTA Court have applied and interpreted the EEA State aid provisions in the light of the Commission’s practice and the caselaw of the ECJ. With such an alignment to the developments in the EU, ESA and the EFTA Court have ensured that the State aid provisions of the EEA are homogenously applied and interpreted, in order to create a level playing field for economic operators in the EEA.