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The German Federal Administrative Court rules that the recovery of unlawful state aid is governed by national law

The German Federal Administrative Court decided, that the withdrawal of aid due to a violation of Community law is in principle governed by national law. The beneficiary’s trust in the existence of the administrative act is generally outweighed by the public interest in the withdrawal, if the aid was granted without the previous notification obligation in EU-law. Background & facts of the case By decision of 14 January 1983, the claimant was granted considerable subsidies by the defendant. The funded project, a planned expansion of the claimant’s business, was in an area in need of support, particularly worthy of funding from an economic point of view and complied with the goals and principles of regional and state planning. The European Commission subsequently initiated formal

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Authors

  • Gleiss Lutz (Brussels)
  • Jones Day (Brussels)
  • Gleiss Lutz (Brussels)

Quotation

Ulrich Soltész, Philipp Werner, Harald Weiss, The German Federal Administrative Court rules that the recovery of unlawful state aid is governed by national law, 17 February 1993, e-Competitions June 1993, Art. N° 107517

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