The French Administrative Court rejects claim for damages for failure to prove the alternative course of action that would have been adopted in the absence of State aid (Kélian)

Brief description of the facts and legal issues A law of 1996 enabled the French government to sign agreements with undertakings in the clothing, leather, shoe and textile sectors regarding a reduction in working time, in order to avoid redundancies. In return, the French government granted an additional reduction in social charges on low salaries ("Borotra plan"). The Commission adopted a negative decision in 1997 declaring the aid scheme incompatible and ordering recovery of the illegally granted aid (the scheme had been notified but

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Authors

  • Sheppard, Mullin, Richter & Hampton (Brussels)
  • European Commission (Brussels)

Quotation

Jacques Derenne, Alix Müller-Rappard, The French Administrative Court rejects claim for damages for failure to prove the alternative course of action that would have been adopted in the absence of State aid (Kélian), 15 October 2003, e-Competitions October 2003, Art. N° 29890

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