The French Council of State judges that the variations in the contribution paid by users of a public service does not constitute a modification of a State aid scheme approved by the Commission (Federation nationale)

Factual Background The appellant seeks the annulment of a decree relating to the calculation and the rate of a tax on slaughtering. The tax is instituted in application of a provision of the General Tax code (Article 302 bis ZD) is applied to slaughterhouse and is designed to finance the public service of quartering and for the transport, storage and pursuant a provision of the Rural code. Summary of the Court's findings The Council rejects the plea of the appellant claiming that the disputed decree constituted unlawful State aid within the meaning of Article 88(3) EC. The Council of State declares the pleas admissible. The Council of State recalls the allocation of competences between the Commission and the national courts. The national courts have a duty to sanction the

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Authors

  • Sheppard Mullin (Brussels)
  • European Court of Justice (Luxembourg)

Quotation

Jacques Derenne, Cédric Kaczmarek, The French Council of State judges that the variations in the contribution paid by users of a public service does not constitute a modification of a State aid scheme approved by the Commission (Federation nationale), 28 December 2007, e-Competitions Bulletin December 2007, Art. N° 28059

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