The Danish Competition Authority orders full recovery of unlawful aid according to section 11a of the Competition Act after the case was referred for reconsideration by the Competition Appeals Tribunal (The Kastrup Marina Case)

By its second decision of 22 June 2011 in the Kastrup Marina Case the Danish Competition Council has for the first time ever ordered full recovery of unlawful and incompatible aid under Section 11a in the Danish Competition Act (corresponding to Article 107 of the EUF Treaty). The first decision had been quashed by the Danish Competitions Appeals Tribunal which had found that the Council in its first decision had ordered repayment of a too low amount. Background & facts of the case On 23 June 2010 the Danish Competition Council issued its first decision, which dealt with the question whether the municipality of Tårnby had rented a property to the private company Hellers Yachtvaerft ApS to a price below market price. Since no evaluation of the property was carried

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Michael Honoré, The Danish Competition Authority orders full recovery of unlawful aid according to section 11a of the Competition Act after the case was referred for reconsideration by the Competition Appeals Tribunal (The Kastrup Marina Case), 22 June 2011, e-Competitions Bulletin Commitment Decisions, Art. N° 37666

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