The Paris Court of Appeal orders the Ministry of Culture to recover unnotified State aid granted in the publishing sector, having found no relevant public service obligations (CELF I)

By decision of 5 October 2004, the Administrative Court of Appeal of Paris applied Article 93(3) EC Treaty (today Article 88 EC) and ordered the reimbursement of aids paid without beforehand notification to the European Commission. The French Court also applied the principles and criteria set out by the Altmark case-law (ECJ, 24 july 2003, Altmark Trans and Regierungspräsidium Magdeburg, Case C-280/00, [2003] ECR I-7747), which permits, under conditions, to benefit from the exoneration of the obligation of notification designed for the aids which exactly discharge public services obligations. The facts are simple but they led to numerous contentious proceedings. Facts and proceedings The Centre d'exportation du livre français (“CELF”) is an entity created in the 70's dedicated to the

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  • Schmitt Avocats (Paris)

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Elias Berkani, The Paris Court of Appeal orders the Ministry of Culture to recover unnotified State aid granted in the publishing sector, having found no relevant public service obligations (CELF I), 5 October 2004, e-Competitions October 2004, Art. N° 277

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