The EU Court of Justice provides guidance on the duty of recovery in case of non-compliance with Block Exemption Regulation (Eesti Pagar)

On 5 March 2019, the Court of Justice of the European Union (the “ECJ”) delivered a judgment on a request for preliminary ruling by the Court of Appeal of Tallinn, Estonia, concerning a dispute on certain State aid granted by the Estonian authorities to Eesti Pagar, an Estonian bakery founded in 1914. The judgment sheds light on several important aspects: (i) the interpretation of Article 8(2) of Regulation 800/2008 (the “General Block Exemption Regulation”)(the “incentive effect” requirement); (ii) the obligation to recover unlawful State aid; (iii) the general principle of legitimate

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Markus Wellinger, The EU Court of Justice provides guidance on the duty of recovery in case of non-compliance with Block Exemption Regulation (Eesti Pagar), 5 March 2019, e-Competitions Bulletin April 2019, Art. N° 90072

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