Criterii de evaluare utilizate de Comisia Europeană în contextul calificării drept "ajutoare de stat" a plăţilor efectuate către o societate controlată de stat

Drd. Livia Daniela MOCAN

Drd. Aurelian Gheorghe MOCAN

ABSTRACT

State aid is considered an anti-competitive practice requiring legislative intervention and sanctioning according to Article 107 of the Treaty on the Functioning of the European Union. This paper details the exceptions and conditions under which state aid may be considered compatible with the internal market, as well as the role of national and European authorities in evaluating them.

Within a case analysis, the authors explore Decision (EU) 2015/1877 of the European Commission regarding electricity purchase agreements concluded by S.C. Hidroelectrica S.A. with S.C. Termoelectrica S.A. and S.C. Electrocentrale Deva S.A.

The case study demonstrates how state influence over public enterprises can lead to resource transfers and selective advantages, considering these as state...