Dopuszczalność udzielania pomocy publicznej w Unii Europejskiej – problematyka transpozycji regulacji na przykładzie Polski
Admissibility of State Aid in the European Union – the Issue of Regulations Transposition in the Case of Poland

Summary/Abstract: Legal regulation of the issue of State aid is an element of protection of the mechanism of competition, which has been recognized in the Treaty on the Functioning of the European Union (TFEU) as one of the basic tools for the realization of the tasks assigned in it. The general prohibition of providing state aid has been formulated in Article 107 par. 1 TFEU, whereas this provision does not specify the definition of State aid, but indicates the criteria taken into account when assessing the specific actual circumstances. These criteria were formulated in the catalogues of terms defining State aid, i.e. the origin from the State or from State resources, selectivity, economic advantage to the beneficiary or beneficiaries of the aid and the disruption or threat to distort competition and affecting the trade between Member States. The primary objective pursued by the precise determination of the means which form State aid is not establishing an absolute prohibition on their use, but only a selection of the action circle which is subject to testing for their possible negative impact on competition in the Internal market level. Further study mostly comes down to the analysis if the binding specific provisions of the European law allow for providing state aid in the given case. The aim of the article is to analyze the Polish regulations concerning the granting of State aid, which must meet the requirements of EU competition law on the admissibility of State aid.

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