An Austrian Administrative Court rejects the argument that unlawful State aid in the Austrian system of parafiscal agro-marketing charges can affect the collection of the charge (AMA marketing fees)

Factual Background All judgments concern appeals against decisions of the administrative authority Agrarmarkt Austria (AMA) responsible for assessing and collecting parafiscal charges levied on the production of certain agricultural products under the provisions of the Bundesgesetz über die Errichtung der Marktordnungsstelle Agrarmarkt Austria of 1992 (AMA-G, in the applicable version). The judgments of 20 March 2006 (the leading judgment is 2005/17/0230, the other cases are decided based on the reasoning there) concern complaints of producers subject to the parafiscal charges based on the argument that those charges were used to finance non-notified state aid and that, as a consequence, the legal basis for collecting them (the respective provisions of the AMA-G) should be disapplied

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Authors

  • Universität Wien
  • Peter Thyri Competition Counseling Research (Vienna)

Quotation

Thomas Jaeger, Peter Thyri, An Austrian Administrative Court rejects the argument that unlawful State aid in the Austrian system of parafiscal agro-marketing charges can affect the collection of the charge (AMA marketing fees), 20 March 2006, e-Competitions March 2006, Art. N° 27237

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