British Aggregates Association and others v European Commission T-359/04, [2010] All ER (D) 46 (Sep)
Although the procedure provided for in Arts 87 EC and 88 EC left a margin of discretion to the Commission for assessing the compatibility of an aid scheme with the requirements of the common market, it was clear from the general scheme of the EC Treaty that that procedure should never produce a result which was contrary to the specific provisions of the EC Treaty. That obligation on the pArt of the Commission to ensure that Art 87 EC and 88 EC were applied consistently with other provisions of the EC Treaty was all the more necessary where those other provisions also pursued the objective of undistorted competition in the common market, as Arts 23 EC and 25 EC or Art 90 EC did in the instant case in seeking to safeguard the free movement of goods and competition between domestic and imported products. When adopting a decision on the compatibility of aid with the common market, the Commission should be aware of the risk of individual traders undermining competition in the common
