The European Economic Area and State Aid

Abstract

This chapter briefly introduces the European Economic Area (EEA) Agreement and the EEA/European Free Trade Association (EFTA) institutional structures, resulting from that Agreement. It describes the EEA State aid rules and the ESA State aid decision practice. The chapter also analyses the State aid judgments of EFTA Court, rendered in 2012. The EEA Agreement promotes a continuous and balanced strengthening of trade and economic relations between the EEA Contracting Parties with equal conditions of competition and the respect of same rules with a view to creating a homogeneous EEA. A brief study shows that both the ESA and the EFTA Court do apply and interpret the EEA relevant State aid rules with quite some precision, preserving the homogeneous application and interpretation of common rules, both referring to EU practice and case law, as the European Commission and the EU Courts make reference to ESA decisions and EFTA Court judgments. Keywords: EFTA Surveillance Authority (ESA); European Economic Area (EEA); European Free Trade Association (EFTA) institutional structure; European Union (EU) court; state aid rules