The French Administrative Court of Appeal for Bordeaux dismisses an appeal which sought to claim that a recovery order was unlawful because it reversed the burden of proof (Société coopérative agricole de Vergt Socave)

In 1992, France introduced an aid scheme to support the fruit and vegetable sector, comprising measures aimed at facilitating the marketing of agricultural products harvested in France, particularly in period of crisis. The aid was paid to farmers' organizations; the latter allocating a portion of the aid to each of their members. On 28 January 2009, the European Commission (the "Commission") held that this scheme was unlawful State aid, incompatible with the common market, and ordered that the aid be recovered by France. Interestingly, the decision clarified that the aid had to be recovered from the final beneficiaries, which should normally be the members of the farmers' organizations. In case, France could prove that the aid had not been passed

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

Quotation

Georgios Yannouchos, Antoine Rećo, The French Administrative Court of Appeal for Bordeaux dismisses an appeal which sought to claim that a recovery order was unlawful because it reversed the burden of proof (Société coopérative agricole de Vergt Socave), 5 April 2017, e-Competitions April 2017, Art. N° 109468

Visites 20

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues