The EU Court of Justice holds that the EU rules does not impose time limitation rules when national courts deal with claim for damages arising from non-notified aid (Fallimento Traghetti del Mediterraneo)

Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no relationships with a party or related third party. Article will need e-Competitions Board approval before publication.

EU Rules do not Impose a Time Limit on the Power of National Courts to Deal with Non-notified Aid* State aid may affect trade even when the market concerned is not liberalised. This can happen when the aid recipient also has operations outside that market, which it can cross-subsidise. Claims for damages caused by illegal aid must be accorded the same treatment under national law as any other claim resulting from faulty decisions of the state. Introduction A well-known principle in State aid law is that the Commission is empowered to order recovery of incompatible aid only when is not more than 10 years old. This is the so-called limitation period. The Commission may not demand recovery of aid that was granted more than 10 years earlier. Aid that is older than 10 years is

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

Author

Quotation

Phedon Nicolaides, The EU Court of Justice holds that the EU rules does not impose time limitation rules when national courts deal with claim for damages arising from non-notified aid (Fallimento Traghetti del Mediterraneo), 23 January 2019, e-Competitions Bulletin January 2019, Art. N° 89736

Visites 60

All issues

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