ASSESSMENT. 3.1. Existence of aid
ASSESSMENT. 4.1. Existence of State aid
ASSESSMENT. At least part of the Measure concerns issues covered by the Euratom Treaty and therefore has to be assessed accordingly (5). However, to the extent that it is not necessary for or goes beyond the objectives of the Euratom Treaty or distorts or threatens to distort competition in the internal market, it has to be assessed under the EC Treaty.
ASSESSMENT. 3.1. Local sourcing in Xi’an (China) between [25-30] % and [31-35] %
ASSESSMENT. (13) It must be determined first if the measure can be regarded as State aid and, if this is the case, if this aid is compatible with the common market.
ASSESSMENT. The ECJ decision in this case may imply a certain progress in understanding the term “court or tribunal” under Article 234 TEC, for the Court is ready to accept also authorities standing outside the regular system of courts. Yet, the Committee is not even a body established by public law but a body of private law embodying public law features, i.e. with some form of interference of state power. In this case we are not dealing with interference of th judicial power but rather of executive power. This surpasses the general notion of a body pursuant to Article 234 TEC. The question is whether it is this executive interference that should form the crucial element in determining the national court's characteristics under Article 234 TEC. Noteworthy is the fact that if we admit the Appeal Committee as a court under Article 234 TEC, then the ECJ decision in general indicates that the Appeal Committee holds the position of a court under Article 234 par. 3 TEC, and thus it should be bound in the same way as national courts of last instance. Another interesting thing implicitly included in the decision is that there were no remedies against the decision of the Appeal Committee. The reasoning was based on the non-application of the appeal in practice. This conclusion rested on a kind of “customary” law that is not in some respects familiar to the continental
ASSESSMENT. 1. The presence of State aid within the meaning of Article 61(1) of the EEA Agreement
ASSESSMENT. 4.1. Existence of State aid under Article 87(1) of the EC Treaty