The French State Council rejected the direct effect of Art. 87 EC and excluded “automatic” notification to the EC Commission of situations likely to be regarded as State aid (“La vache à lait qui refuse de se laisser traire”)

This judgment is less known for its contribution in State aid law than because of the title of the applicant. None of its solutions is innovative. But for a long time, the absence of direct effect of ex-Article 92 EC (now Article 87 EC) and the office of the national judge on the basis of ex-Article 93 (3) EC (now Article 88 (3) EC) were linked to “La vache à lait qui refuse de se laisser traire”. The definition of the French judge's role in the preservation of the effet utile of State aid procedures owes a lot to this case law, at least as regards the legal analysis (Loïc Grard, Subsidiarité et contrôle des aides publiques, RAE 1998/1&2, p. 125). The Conseil d'État rejects the possibility of relying on ex-Article 92 EC ; the provisions of the latter “... do not create any individual

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  • CRDEI - Centre de Recherche et de Documentation Européennes et Internationales

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Loïc Grard, The French State Council rejected the direct effect of Art. 87 EC and excluded “automatic” notification to the EC Commission of situations likely to be regarded as State aid (“La vache à lait qui refuse de se laisser traire”), 17 April 1992, e-Competitions Bulletin Direct effect, Art. N° 13637

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