Common use of TFEU Clause in Contracts

TFEU. It allows for aid to make good the damages caused by natural disasters or exceptional circum- stances such as force majeure events. On the basis of this provision, ESA ap- proved aid to the Icelandic and Norwegian aviation sectors in the wake of the terrorist attacks against the United States of America on 11 September 2001.54 50 Case 248/84, 14.10.1987, Germany v Commission, at para. 18. 51 ESA Decision No 459/12/COL, 5.12.2012. See also ESA’s letter to the Norwegian authorities of 10.7.2015, where it took the preliminary view that the financing of a multi-purpose sports hall in Finnmark in northern Norway did not constitute state aid due to the lack of effect on intra-EEA trade. The letter is available on ESA’s website: xxxx://xxx.xxxxxxxx.xxx/state-aid/ state-aid-register/preliminary-assessments/. 52 ESA Decision No 39/07/COL, 27.2.2007. The decision was challenged before the EFTA Court, with its judgment in Case E-5/07, 21.2.2008, Private Barnehagers Landsforening the Court upheld the decision on the grounds that the day-care institutions did not constitute un- dertakings. The Court did not rule on the issue of effect on trade, see para. 84 of the judgment. 53 See ESA’s guidelines on state aid to airports and airlines, para. 156, OJ No L 209, 6.8.2015, p. 17.