The EU Court of Justice finds that recovery of unlawful State aid is only impossible if the difficulties claimed by the Member State are real and there are no alternative methods of recovery (Scuola Elementare Maria Montessori)

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The Recovery of Incompatible Aid Cannot be Absolutely Impossible Unless it is first Attempted* Introduction In its ruling of 6 November 2018 in cases C‑622/16 P to C‑624/16 P, Scuola Elementare Maria Montessori v European Commission, the Court of Justice made it harder for Member States to escape from their recovery obligations. [1] Montessori appealed against the judgment of the General Court in case T‑220/13, Scuola Elementare Maria Montessori v European Commission. That judgment was reviewed here on 11 October 2016 (http://stateaidhub.eu/blogs/stateaiduncovered/post/7255) Montessori sought annulment of Commission decision 2013/284 which had found that an exemption from property tax also benefited buildings used by the church to provide a variety of courses some of which were

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Phedon Nicolaides, The EU Court of Justice finds that recovery of unlawful State aid is only impossible if the difficulties claimed by the Member State are real and there are no alternative methods of recovery (Scuola Elementare Maria Montessori), 6 November 2018, e-Competitions Bulletin April 2019, Art. N° 89833

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