Aides d'Etat et compétitivité des entreprises communautaires

Against the backdrop of the objectives of Lisbon, this article examines the obstacles, which result for European operators from subsidies granted by Non-EU states, and how to find solutions that serve their worldwide competitiveness. To this effect, both the possibilities of multilateral and of unilateral action are analyzed, in particular compensatory and temporary counter measures. In addition, an account is given of the reactions, which the affected enterprises may take themselves within the EU legal system. The difficulties encountered by European operators are not necessarily due to the absence or the complexity of the defense rules provided for by international trade law. Rather, the EU must use the existing international legal instruments within the WTO in a more energetic way in order to limit the harmful effects of financial or other subsidies granted by foreign authorities to their companies. In addition to litigating its case, the EU must use its economical and political weight in order to promote an improvement of the national and international rules regarding the State aids. In any event, a more offensive use of the WTO system will require a change of mentality by national and community leaders as well as by European operators in order to better understand how the WTO is functioning and which opportunities are offered for an effective defense of their interests in a worldwide competition.