The EU Court of Justice recalls that except in the case of ‘absolute impossibility’, the provider State of illegal State aid is obliged to obtain recovery thereof, despite the potentially major economic consequences for the recipient of the aid (Alcoa)

By a judgment dated October 17, 2013, the Court of Justice of the European Union (the CJEU) recalls that except in the case of ‘absolute impossibility’, the provider State of an illegal State aid is obliged to obtain recovery thereof, despite the potentially major economic consequences for the recipient of the aid. Beginning in 1996, the Italian company, Alcoa Transformazioni, specialising in the production of primary aluminium in Italy, was granted a preferential electricity tariff for two production sites (the Aid). Initially fixed for a duration of ten years, this measure

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Authors

  • Norton Rose Fulbright (Paris)
  • French Competition Authority (Paris)

Quotation

Yann Anselin, Dylan Damaj, The EU Court of Justice recalls that except in the case of ‘absolute impossibility’, the provider State of illegal State aid is obliged to obtain recovery thereof, despite the potentially major economic consequences for the recipient of the aid (Alcoa), 17 October 2013, e-Competitions October 2013, Art. N° 72348

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