State resources. (37) State resources within the meaning of Article 61(1) of the EEA Agreement are not limited to direct grants via the budget of the state. Guarantees given by the State may also constitute state aid (36).
State resources. (58) According to Article 61(1) of the EEA Agreement, a measure must be granted by the state or through state resources in order to constitute aid. In the present case, the complainant and the Icelandic authorities have expressed different views regarding the ownership of the optical fibres at issue. While the complainant consid ers them to be publicly owned, the Icelandic authorities have underlined that the property rights of the fibres lie with NATO, although the Government of Iceland has a wide-ranging right of use and other exploitation rights, according to arrangements made with NATO and the Government of the United States of America. According to the Icelandic authorities, the Icelandic Government is authorised to lease out the fibres and use the proceeds for their maintenance and other running costs (3).
State resources. In order to constitute State aid within the meaning of Article 61(1) of the EEA Agreement, a measure must be granted by the State or through State resources. The Authority considers that compensation granted under the VAT Compensation Act is granted by State resources since the compensation is granted by the State (5). In the Authority's view it is not relevant for the assessment of whether the measure implies a drain on State resources, whether the central level of the State's cost of the compensation is counterbalanced by reduced transfer to the local and regional authorities as such. That the central level of the State finances is balanced by reducing internal block transfers between different levels of administration, does not alter this conclu- sion. In any case and although there is an aim to avoid reallocation of economic means between municipa- lities, reductions in transfers to individual municipalities are in principle independent of what they receive as compensation (6).
State resources. In order to qualify as State aid, the measure must be granted by the State or through State resources. The concept of State does not only refer to the central government but embraces all levels of the state administration (including municipalities) as well as public undertakings. If the municipality sold the land below its market price, it would have foregone income. In such circumstances, Asker Brygge should have paid more for the land and therefore there is a transfer of resources from the municipality. For these reasons, the Authority considers that if the sale did not take place in accordance with market conditions, State resources within the meaning of Article 61(1) of the EEA Agreement would be involved.
State resources. The increased compensation to Hurtigruten by way of reimbursed NOx tax/NOx Fund contribution and the additional ‘general compensation’ provided are financed trough budgetary allocations from the national budget (1) and thus involve State resources within the meaning of Article 61(1) EEA. Furthermore, the reduction from 11 to 10 vessels during the winter season without a corresponding decrease in the compensation implies that the service is reduced but not the payment. Consequently, State resources within the meaning of Article 61(1) EEA are involved.
State resources. (32) The Norwegian authorities, following a tender procedure, concluded a contract with Hurtigruten for the perfor mance of maritime services over the period 2012-2019 against remuneration, as stipulated in detail in the HA. It is thus not disputed that the aid measure has been granted by the State or through state resources.