Conclusion. The Authority takes the preliminary view that the notified amendments made to the Harbour Act in 2007 to include ship lifts in the damage compensation clause in Article 26(3) subpa- ragraph 3 of the Act constitutes State aid within the meaning of Article 61(1) of the EEA Agreement. Under the 2003 Harbour Act, the support for breakwater const- ructions, dredging, the marking of approach channels, depth, and protective installations do not constitute State aid within the meaning of Article 61(1) of the EEA Agreement. On the basis of the information available to it, support for the use of pilot vessels referred to in Article 24(2)(a) and support for quay installations provided for in Article 24(2)(b) and (c) would appear not to fall clearly into the category of general infrastructure and must therefore be regarded as State aid within the meaning of Article 61(1) of the EEA Agreement. The damage compensation clause in Article 26(3) subparag- raph 3 constitute State aid within the meaning of Article 61(1) of the EEA Agreement, in so far as it applies to projects which do not qualify as general infrastructure.
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Sources: Felügyeleti És Bírósági Megállapodás, Felügyeleti És Bírósági Megállapodás