The EU General Court rejects an appeal by a recipient of illegal aid who requested that the Commission declare the aid compatible with the internal market even though the member state concerned had failed to notify the Commission (Solar Electric)

Illegal Aid Cannot be Regularised a Posteriori* A Commission decision finding non-notified aid to be compatible with the internal market cannot remedy the illegality that existed before the Commission decision. Introduction In November 2021, the General Court rejected an appeal by the recipient of illegal aid who had asked the Commission to declare the aid compatible with the internal market even though the Member State concerned had failed to notify it to the Commission [case T‑678/20, Solar Electric and others v European Commission]. The General Court held that there is no procedure for “self notification”. A month later, on 8 December 2021, the General Court ruled in case T-623/20, Sun West and others v European Commission, that there is no procedure for “quasi notification”. In

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Phedon Nicolaides, The EU General Court rejects an appeal by a recipient of illegal aid who requested that the Commission declare the aid compatible with the internal market even though the member state concerned had failed to notify the Commission (Solar Electric), 10 November 2021, e-Competitions November 2021, Art. N° 104573

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