APPRECIATION. 1. The existence of State aid
1. The measure must confer the beneficiaries an advantage that reduces the costs they normally bear in the course of the business.
2. The advantage must be granted by the State or through State resources.
3. The measure must be specific or selective in that it favours ”certain undertakings or the production of certain goods”.
4. The measure must affect competition and trade between the Contracting Parties.
(1) Value per 2000. According to the case law of the European Court of Justice (1) and Chapter 17B.3.1(2) of the Authority's State Aid Guidelines ”the measure must confer on recipients an advantage, which relieves them of charges that are normally borne from their budgets. The advantage may be provided through a reduction in the firm's tax burden in various ways, including:” (…) ”a total or partial reduction in the amount of tax (such as exemption or a tax credit)”. By the adoption of special statutory provisions, Entra is relieved of the cost of excise duties. Prima facie, this constitutes a financial advantage for the company. The question is therefore whether the arguments presented by Norway can lead to another result. In this respect the Authority notes, firstly, that it finds it difficult to see how the registration of the transfer of properties from the State to Entra could have been exempted from excise duty in the absence of the particular provision in paragraph 3 of the Act of 18 February 2000. No other provision in Norwegian law prescribes that such a transaction is exempted from the general rule that registration of change of ownership triggers excise duty. Moreover, based on the information available to it, the Authority cannot see how the reorganisation of Statsbygg – in the absence of Paragraph 3 in the Act of 18 February 2000 – could have been covered by the continuity principle pursuant to the prevailing interpretation of the Registration Act. The reorganisation of Statsbygg implies the transfer of assets (as contribution in kind) to a new limited liability company in exchange for the issuing of shares. At the same time, the transaction implies a conversion of a part of the public body, Statsbygg, to a limited liability company. That reorganization is neither covered by the exemptions related to mergers/de-mergers nor to those pertaining to conversion of legal status. Finally, the Authority notes that registration of a transfer of property from one kind of legal entity to a fully owned subsidiary of that ent...
APPRECIATION. 1. The presence of State aid
1.1. State aid within the meaning of Article 61(1) EEA Agreement
APPRECIATION