23.11.2004
News

State Aid – Financing of Promotional Activities by Trade Chambers

Judgment of the Court of Justice in Pearle and Others (C-345/02) of 15 July 2004

Dutch law provides for the establishment of industry associations and entrusts to them a certain scope of internal autonomy. The case concerns a Dutch chamber of traders active on the market of optic products which, by virtue of its internal bye-laws, imposed specific charges on its members. These charges were used solely to finance advertising activity designed to promote optical products for the benefit of the Chamber’ members.

The dispute arose between the chamber and three of its members, private corporations active in the optic industry, which contested the levy of the charge by the chamber. The plaintiffs argued that the charge qualified as state aid within the meaning of applicable Community law. Since the alleged state aid had not been notified to the Commission, as is normally required under Community law, the plaintiff argued that the decision of the chamber to levy the charge was invalid and that the charges already collected were subject to reimbursement.

The Court has ruled in favour of the Chamber. It noted that state aid is defined as any support granted directly or indirectly from public funds, which may be attributed to the activity of public authorities.

That definition does not seem, in the Court’s opinion, to cover the charge collected by the chamber. The revenues so acquired were used only in the interest of the members, which benefited from the promotional activities. Thus, the benefits enjoyed by the members were not related to any allocation or transfer of public funds since any advantages which the members might have obtained were financed by means of the charge collected from them.

The Court also set aside, as irrelevant to this case, the argument that both the activities and authority of the Chamber, including the right to impose charges, were based on the provisions of Dutch public laws on entrepreneurship. The Court also pointed out that the decision of the chamber to impose the charge was taken at the request of some of its members. As such, the charge was not a part of the general policy of the Dutch public authorities and could not have been attributed to them.

Other articles

18.6.2026
News

KŠB Provide Insight into the Legal Support for Smetana Litomyšl Music Festival

Our colleagues Sylvie Sobolová and Jana Guričová were interviewed by Jan Januš’s legalweb about the legal support for Smetana Litomyšl, one of the most important music festivals in the Czech Republic.

Our colleagues Sylvie Sobolová and Jana Guričová were interviewed by Jan Januš’s legalweb about the legal support for Smetana Litomyšl, one of the most important music festivals in the Czech Republic.

17.6.2026
News

KŠB Sponsors 19th Annual Student Research and Professional Activities Competition at Charles University’s Faculty of Law

Kocián Šolc Balaštík was once again a partner of the Student Scientific and Professional Activities (SVOČ) competition at Charles University’s Faculty of Law. The awards ceremony for the 19th annual competition took place on June 11, 2026, with students, academics, and competition partners in attendance.

Kocián Šolc Balaštík was once again a partner of the Student Scientific and Professional Activities (SVOČ) competition at Charles University’s Faculty of Law. The awards ceremony for the 19th annual competition took place on June 11, 2026, with students, academics, and competition partners in attendance.

16.6.2026
News

KŠB Attorneys for legalweb: Let’s Keep the Current Flexible Approach to Judicial Recesses

KŠB attorneys Hana Dejlová and Radka Felgrová participated in a legalweb survey discussing whether Czechia should officially introduce judicial recesses and proposed changes to the country’s court system.

KŠB attorneys Hana Dejlová and Radka Felgrová participated in a legalweb survey discussing whether Czechia should officially introduce judicial recesses and proposed changes to the country’s court system.