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).
(1) According to settled case-law, classification as aid requires that all the conditions set out in the provision should be fulfilled, see Case C-142/87 Belgium v Commission (‘Tubemeuse’) [1990] ECR I-959.
(2) In its judgment in case T-475/04, Bouygues SA and Bouygues Télécom SA v Commission [2007] ECR II-2097, the General Court upheld the Commission's decisions to reject a complaint alleging that State aid was involved in the granting of a mobile license, stating in paragraph 110, that: ‘although the right to use the wireless space granted to the operators has an economic value, the amount payable as a fee can constitute State aid only if, all other things being equal, there is a difference between the price paid by each of the operators concerned […]. On the other hand, if the national authorities decide as a general principle that licenses will be awarded free of charge, or awarded by means of public auctions or awarded at a standard price, there is no aid element, provided these terms are applied to all the operators concerned without distinction.’.
(3) See Article 16 of the Icelandic Defence Act No 34/2008.
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. In order to qualify as State aid, the measure must be granted by the State or through state resources. The concept of the State does not only refer to the central government, but embraces all levels of the state administration (including municipalities) as well as public undertakings (2).
State resources. Several elements in the package contain State resources as they are directly financed by the FSC, which is a State- owned company (through the Danish Ministry of Business operate) and in other Member States. The measures must therefore be regarded as potentially affecting trade between Member States.
State resources. 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. 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. 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 State aid.