Case ECS-33/21: Bosnia and Herzegovina / State aid

summary of the case


opened under Article 91


ex officio 





The subject matter of this case is an exemption from the payment of toll for diesel fuel used by mines and thermal power plants for the production process and used to drive railway vehicles. The toll exemption has never been notified to and approved by the State Aid Council and exemptions are granted year after year since 2010.

Therefore, Secretariat preliminarily concluded that the toll exemption constitutes State aid and that Bosnia and Herzegovina infringed the Treaty by not effectively ensuring implementation of the State aid prohibition.

Article 18(1)(c) of the Treaty contains a prohibition of State aid. This provision, together with Article 6 of the Treaty, requires the Contracting Parties to introduce a corresponding prohibition of State aid into their national legal systems and ensure its enforcement.