Definicja przedsiębiorstwa jako beneficjenta pomocy publicznej udzielanej na usługi użyteczności publicznej realizowane przez JST
The Definition of Undertaking as a Beneficiary of State Aid Granted for Services of General Economic Interest Realized by Local Government Units

Summary/Abstract: The concept of service of general economic interest (SGEI) is an evolving notionthat depends, among other things, on the needs of citizens, technological and marketdevelopments and social and political preferences in the Member State concerned. It transpiresfrom Article 106(2) of the Treaty that undertakings entrusted with the operationof SGEIs are undertakings entrusted with ‘a particular task’. Generally speaking, theentrustment of a ‘particular public service task’ implies the supply of services which,if it were considering its own commercial interest, an undertaking would not assumeor would not assume to the same extent or under the same conditions. Based on Article107(1) of the Treaty, the State aid rules generally only apply where the recipient is an ‘undertaking’.Whether or not the provider of a service of general interest is to be regarded asan undertaking is therefore fundamental for the application of the State aid rules.

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