State aid (recovery)


Institution Definition

If the Commission has taken a negative decision in the context of aid that has already been paid out, the Commission requires the Member State to recover the aid with interest from the beneficiary (unless such recovery would be contrary to a general principle of EU law). In this case, the Commission opens a ’recovery case’ to enforce the implementation of its decision. If the Member State does not comply with the decision in due time, the Commission may refer it to the European Court of Justice (ECJ), without initiating an infringement procedure under Article 258 TFEU. The aim of recovery is to remove the undue advantage granted to a company (or companies) and to restore the market to its state before the aforementioned aid was granted. There is a limitation period of ten years for recovery. European Commission

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