The Court specifies that for such compensation to escape classification as State aid in a particular case, four conditions must be satisfied

Classification as State aid should be reserved solely for that part of the scheme which is not justified by the specific nature of the insurance activity concerned having regard to prudential standards.

One further precondition for classifying a measure as State aid is that the advantage conferred favours certain undertakings (or the production of certain goods).

Consequently, the scheme for the supplementary deduction of equalisation provisions should not be considered classifiable as State aid.

Since France accepted classification of the notified measures as State aid at the notification stage, the Commission has confined itself to a brief analysis of this classification.

By definition, Belgium contests the Commissions classification of the financing of BSE tests as State aid due to the obligatory nature of these tests.

Qualifying the transfer of assets as State aid weighted on KWW in a way that an application against the decision was admissible if KWW had not agreed to this.