The French Judiciary Supreme Court makes a clear difference between examination of the compatibility of a State aid and control of the legality of the aid (Le Guen / Guyomarch)

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References

French Supreme Court, Bertrand Le Guen, Decision No. 00-10631, 23 october 2001 (French)

French Supreme Court, François Guyomarch, Decision No. 00-10632, 23 october 2001 (French)

The claims for reimboursement of what the French statutes call “compulsory contributions”, a kind of professional taxation financing agricultural organizations, is one among most alive sources of the implementation of the State aid law in France (see also the cases relating CNIH, French Administrative Supreme Court (Conseil d'État, 6 November 1998, Comité national interprofessionnel de l'horticulture florale et ornementale et des pépinières (CNIH), n° 171576). These compulsory contributions finance support and promotion of the enterprises in the concerned agricultural sectors. The contributions and the aids policies are first decided by the professional organizations, and then implemented by

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Jean-Yves Chérot, The French Judiciary Supreme Court makes a clear difference between examination of the compatibility of a State aid and control of the legality of the aid (Le Guen / Guyomarch), 23 October 2001, e-Competitions October 2001, Art. N° 14048

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