The French State Council delineates an administrative judge’s jurisdiction over governmental decisions when applying Art. 88.3 EC (Comité national des interprofessions des vins à appellations d’origine)

This is the first time that the French Supreme Administrative Court has had to decide on an application for annulment for refusing to report State measures which may qualify as state aid. The case at stake provided the French Supreme Administrative Court with an opportunity to specify the types of decisions which may be subject to its review when applying Article 88(3) EC. Background and facts Under the French Rural Code, authorized inter-branch organizations' agreements which aim to improve the organization or the promotion of agricultural activities may, under certain circumstances [1], be extended (made enforceable) by ministerial order to include all operational entities of every branch within an inter-branch organization [2]. Where such agreements contain financing provisions

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Authors

  • Kramer Levin Naftalis & Frankel (Paris)
  • Orrick, Herrington & Sutcliffe (Paris)

Quotation

Noëlle Lenoir, Marie-Laure Combet, The French State Council delineates an administrative judge’s jurisdiction over governmental decisions when applying Art. 88.3 EC (Comité national des interprofessions des vins à appellations d’origine), 7 November 2008, e-Competitions November 2008, Art. N° 22893

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