As of: July 2010

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State support for non-governmental organisations in the field of environmental and nature protection and EU aid control policy

The EU Commission has decided (PDF document, 178 Kbyte, barrier-free) [/files/pdfs/allgemein/application/pdf/staatl_beihilfe_entscheidung_en_bf.pdf] in the framework of its state aid control that nature conservation associations shall be deemed to present "undertakings" within the meaning of Article 107 TFEU¹ (ex Article 87 TEC).

If this interpretation were correct, in future any state aid or funding for environmental or nature conservation associations would have to be notified to the Commission and the Commission's approval would be required in advance. Unapproved state aid might have to be recalled in case of complaints by third parties.

Therefore, the Federal Republic of Germany has brought an action (PDF document, 196 Kbyte, barrier-free) [/files/english/pdf/application/pdf/staatl_beihilfe_klage_en_bf.pdf] against the above mentioned decision of the EU Commission before the Court of First Instance of the European Communities due to the classification of nature conservation associations as undertakings.

The action was published in the Official Journal of the European Union on 7 November 2009 (PDF document, 709 Kbyte) [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2009:267:0075:0076:EN:PDF]. France, the Netherlands and Finland intervened in the proceedings within the designated deadline.

¹Treaty on the Functioning of the European Union, entered into force on 1 December 2009.