Article 87
(40) While the conditions for the application of the exemptions provided for in Article 87(2)(b) (aid to make good the damage caused by natural disasters or exceptional occurrences) and (c) (aid granted to the economy of certain areas of the Federal Republic of Germany affected by the division of Germany) must necessarily be assessed on a case-by-case basis, exemption under Article 87(2)(a) (aid having a social character, granted to individual consumers) is not applicable to aid to cableway operators. (41) Exemption under Article 87(3)(d) (aid to promote culture and heritage conservation) for cableways would normally be ruled out, while the application of Article 87(3)(a) (aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious underemployment) and (aid to promote the execution of an important project of common European interest or to remedy a serious disturbance in the economy of a Member State) needs to be assessed on a case-by-case basis. The assessment would have to adhere to the rules laid down for all economic activities. (42) Under Article 87(3)(c), State aid may be considered to be compatible with the common market if it facilitates "the development of certain economic activities or of certain economic areas, where such aid does not adversely affect trading conditions to an extent contrary to the common interest". In the past, it had been considered that those requirements for exemption were met since skiers are not very mobile. It is now considered that the provision of services for winter sports has reached such a level of economic development and cross-border competition that departure from the rules applicable to economic activities in general would no longer be justified; however, the considerations developed in recitals 50 to 55 below should be taken into account. (43) Aid to cableways might, depending on the case, be compatible under the rules governing, for instance, regional investment aid, aid to SMEs or restructuring aid to restore the viability of a firm(8). It cannot, however, be generally considered not to "adversely affect trading conditions to an extent contrary to the common interest" since it would have the effect of improving the competitiveness of the beneficiaries in a sector where international competition is strong.