Common use of Aid to compensate Clause in Contracts

Aid to compensate. for the division of Germany‌‌ This provision allows aid for certain areas of the Federal Republic of Ger- 52 many affected by the division of Germany in the wake of the Second World War. The provision has little practical impact today. At the signing of the EEA Agreement on 2 May 1992, German reunification 53 was already a fact. However, as Germany would still be allowed to grant aid in accordance with what is now Art. 107(2)(c) TFEU after the entry into force of the EEA Agreement, it was deemed necessary to incorporate Art. 61(2)(c) into the EEA Agreement in order to avoid a situation where Germany could be al- lowed to grant aid to alleviate the cost of its division, in accordance with what is now Art. 107(2)(c), but not in accordance with the EEA Agreement. After the reunification of Germany, aid has only been granted on the basis of 54 Art. 107(2)(c) TFEU in two cases, in 1992 and 1994.55 With the Lisbon reform process, the possibility of repealing Art. 107(2)(c) 55 TFEU by the Council, following a proposal from the Commission, was intro- duced. This new part of the provision is not reflected in Art. 61(2)(c) EEA. European Commissioner for Competition, Xxxxxxxxx Xxxxxxxx made an official statement on 20 October 2015 that a proposal to repeal Art. 107(2)(c) TFEU was not on the Commission’s current legislative programme.56