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
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