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

11.3.2026
News

Digital Services Act Back in Spotlight

Do you know what Wikipedia and Pornhub have in common? That's right, both are large online platforms designated by the Commission under the Digital Services Act (along with Booking.com, Google Maps, TikTok, Zalando, WhatsApp, and others). The list of very large online platforms and very large search engines, as defined in Article 33(4) of European Regulation 2022/2065 on digital services, was published in the Official Journal of the EU on March 11, 2026.

Do you know what Wikipedia and Pornhub have in common? That's right, both are large online platforms designated by the Commission under the Digital Services Act (along with Booking.com, Google Maps, TikTok, Zalando, WhatsApp, and others). The list of very large online platforms and very large search engines, as defined in Article 33(4) of European Regulation 2022/2065 on digital services, was published in the Official Journal of the EU on March 11, 2026.

4.3.2026
News

Kateřina Štěpánková k flexinovele zákoníku práce v anketě Legalwebu

Advokátka KŠB Kateřina Štěpánková poskytla rozhovor odbornému portálu Legalweb v rámci ankety věnované zkušenostem s tzv. flexinovelou zákoníku práce. Ta přinesla od roku 2025 řadu významných změn v pracovněprávních vztazích, například úpravu běhu výpovědní doby nebo prodloužení maximální délky zkušební doby.

Advokátka KŠB Kateřina Štěpánková poskytla rozhovor odbornému portálu Legalweb v rámci ankety věnované zkušenostem s tzv. flexinovelou zákoníku práce. Ta přinesla od roku 2025 řadu významných změn v pracovněprávních vztazích, například úpravu běhu výpovědní doby nebo prodloužení maximální délky zkušební doby.

26.2.2026
Aviation and aerospace

KŠB Advises STARLUX Airlines on its Entry into the Czech Market

KŠB provided assistance to Taiwan-based airline STARLUX Airlines in connection with its planned entry into the Czech market and launch of regular flights between Prague and Taipei.

KŠB provided assistance to Taiwan-based airline STARLUX Airlines in connection with its planned entry into the Czech market and launch of regular flights between Prague and Taipei.