European Commission v European Food SA and Others (C-638/19 P)

Judgment of 25 Jan 2022

law://eu/cjeu/2019/c-638-19/para_122@2026-11-13

122It should also be borne in mind that the concept of ‘advantage’, which is intrinsic to the classification of a measure as State aid, is an objective one, irrespective of the motives of the persons responsible for the measure in question. Accordingly, the nature of the objectives pursued by State measures and their grounds of justification have no bearing whatsoever on whether such measures are to be classified as State aid. Article 107(1) TFEU does not distinguish between the causes or the objectives of State aid, but defines them in relation to their effects (judgment of 4 March 2021, Commission v Fútbol Club Barcelona, C‑362/19 P, EU:C:2021:169, paragraph 61 and the case-law cited).

European Commission v European Food SA and Others (C-638/19 P)

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