Stadiums for FIFA World Cup Germany 2006 and European Law on State Aid: A case of Infrastructural Measures

01.01.2003

Only very recently the question has been raised, whether the public financing of venues like sport stadiums is subject to the European rules on State Aid, Article 87 (1) et seq. of the EC Treaty.

On November 20, 2002, the spokesman of Commissioner Mario Monti, Tilman Lüder confirmed that the Commission received two complaints concerning public aid for the expansion of the stadium in Hannover, the AWD-Arena. This stadium hosts the matches of the Bundesliga soccer club Hannover 96. The site may also be used for athletics. The stadium is also one of the sites to be used for the FIFA World Cup Germany 2006.  

In an article of the same day the Financial Times Germany reports that Commissioner Mario Monti wants to tackle the issue of public financing concerning at least five stadiums selected for the FIFA World Cup Germany 2006: Cologne, Munich, Leipzig, Berlin and Hannover. Until that time the German government as well as the organising committee, the clubs and operating companies of the stadiums seemed to feel quite comfortable regarding this issue. The Commission, however, denied any intentions to question the compatibility of the financing with the European Community rules on State aid.

The Commission seems to share the opinion that the expansion of stadiums is intended for the use of the general community. Only if special benefits are granted to certain beneficiaries the Community rules on State Aid shall apply.

On this basis we want to compare the present case law on infrastructure measures with the public financing of the above-mentioned stadiums.

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