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The German Federal Constitutional Court determines that the principle of legitimate expectations is to be interpreted narrowly in the recovery of State aid because of the principle of primacy of EU law (Alcan)

The Federal Constitutional Court (Bundesverfassungsgericht) rejected the constitutional complaint (Verfassungsbeschwerde) filed against the judgment of the Federal Administrative Court (Bundesverwaltungsgericht) of 23 April 1998, 3 C 15/97 – Alcan. It held that this judgment and the CJEU’s underlying preliminary ruling of 20 March 1997, C-24/95, which gave EU law precedence over national procedural rules and safeguards (concerning time limits for the withdrawal of illegal administrative acts, the protection of legitimate expectations, the principle of good faith and/or the loss of the enrichment), were constitutionally unobjectionable. Background & facts of the case The Complainant challenged a judgment of the Federal Administrative Court of 23 April 1998, 3 C 15/97 – Alcan, which

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Authors

  • Gleiss Lutz (Brussels)
  • Jones Day (Brussels)
  • Gleiss Lutz (Brussels)

Quotation

Ulrich Soltész, Philipp Werner, Harald Weiß, The German Federal Constitutional Court determines that the principle of legitimate expectations is to be interpreted narrowly in the recovery of State aid because of the principle of primacy of EU law (Alcan), 17 February 2000, e-Competitions Preview, Art. N° 108702

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