The German Higher Regional Court of Thuringia judges that when dealing with the recovery of unlawful State aid, the provisions on maintenance of capital and insolvency should be considered so long as this does not contravene the rationale of Art. 87.1 EC, and that EC State aid rules do not supersede the claim of a liquidator to recover an unlawful capital-substitutive financial aid that was recovered by the granting authority (Insolvency procedure 3)

Brief description of the facts and legal issues The Thuringia Higher Regional Court judges that when dealing with the recovery of unlawful State aid, the provisions of the German laws on maintenance of capital and insolvency should be considered, so long as this does not contravene the rationale of Article 87(1) EC. EC State aid rules do not supersede the claim of a liquidator to recover an unlawful capital-substitutive (kapitalersetzend) financial aid that was recovered by the granting authority (Insolvency procedure 3) Parties: The applicant: Liquidator of the L. GmbH The defendant: Public authority dedicated to the promotion of economic development in the region of Thuringia Factual background: The L. GmbH, a company producing compact discs, went bankrupt in December 2000.

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

Authors

  • Delegation of the European Union to the United States (Washington D.C.)
  • European Commission (Brussels)

Quotation

Rainer Wessely, Alix Müller-Rappard, The German Higher Regional Court of Thuringia judges that when dealing with the recovery of unlawful State aid, the provisions on maintenance of capital and insolvency should be considered so long as this does not contravene the rationale of Art. 87.1 EC, and that EC State aid rules do not supersede the claim of a liquidator to recover an unlawful capital-substitutive financial aid that was recovered by the granting authority (Insolvency procedure 3), 30 November 2005, e-Competitions November 2005, Art. N° 26925

Visites 1851

All issues

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