Judgment_paragraph 100 · Fondul Proprietatea SA v Guvernul României and Others (C-179/20)

100As regards, in the third place, the condition that the intervention must be liable to affect trade between Member States and distort or threaten to distort competition, it should be borne in mind that, for the purpose of categorising a national measure as ‘State aid’, it is necessary, not to establish that the aid has a real effect on trade between the Member States and that competition is actually being distorted, but only to examine whether that aid is liable to affect such trade and distort competition (judgment of 18 May 2017, Fondul Proprietatea, C‑150/16, EU:C:2017:388, paragraph 29 and the case-law cited).

Fondul Proprietatea SA v Guvernul României and Others (C-179/20)

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