University of Aix-Marseille

Jean-Yves Chérot

University of Aix-Marseille

Jean-Yves Chérot is law professor at the Paul Cezanne Aix-Marseille University. His areas of research and teaching include legal theory and European Union Law. In the field of competition law, he has most notably devoted his research and teaching in State Aids, service of general interest, network industries, public sector and public procurement. He is the director of the Laboratoire de théorie du droit, a research center of his University. He has published more than 50 legal papers on legal academic journal including « Actualité juridique du droit administratif », « Revue française de droit administratif », « Bulletin des contrats publics », « Europe », « Actualité de la commande publique », « Droit administratif », « Concurrences », « Revue des affaires européennes » and a leading treaty in the field of public Law and economy (Droit public économique, 2nd ed., Economica, 2007). He is member of the academic board of the Revue internationale de droit économique.

Linked authors

University of Aix-Marseille
University of Aix-Marseille
University of Aix-Marseille
University of Aix-Marseille
University of Aix-Marseille


39577 Bulletin

Jean-Yves Chérot Three French Courts acknowledged State’s liability towards aid recipients for not having granted un-notified State aid (Kélian / Fontanille / Salmon Arc-en-ciel)


These two cases are in relation to the setting of the plan Borotra (Article 99 of Law n° 96-314 of 12 April 1996 implementing various economic and financial provisions) aimed at fighting the fall of employment in the textile, clothing, leather and footwear industries. The Law permitted the (...)

Jean-Yves Chérot French Administrative Courts repeatedly rules that Art. 87.1 EC does not have direct effect and tacitly considered that they do not have to raise by their own motion a potential breach of Art. 88.3 EC (14 cases)


1. Introduction The present note is a comment on not less than fourteen Courts decisions in which the French administrative Courts repeatedly ruled that parties cannot, on the basis of former article 92 EC (now article 87 EC) alone, challenge the compatibility of an aid with the common (...)

Jean-Yves Chérot The French Judiciary Supreme Court makes a clear difference between examination of the compatibility of a State aid and control of the legality of the aid (Le Guen / Guyomarch)


The claims for reimboursement of what the French statutes call “compulsory contributions”, a kind of professional taxation financing agricultural organizations, is one among most alive sources of the implementation of the State aid law in France (see also the cases relating CNIH, French (...)

Jean-Yves Chérot The French Administrative Supreme Court rules that EU competition provisions do not prevent public institutions to act as services providers competing with private undertakings (Guiavarc’h)


Gweltaz Guiavarc’h claimed that the provisions relating to the conditions in which the public universities and the public research agencies can provide research services on the market broke Community law, and in particular, State aid provisions. The French Administrative Supreme Court ruled (...)

Jean-Yves Chérot The French Administrative Supreme Court rules that the mere fact an undertaking may benefit from State aid can not interfere with the regularity of a tendering procedure (Bouygues)


The French administrative supreme Court had already ruled in the Société Générale case (French Administrative Supreme Court (Conseil d’État, Assemblée), 18 December 1998, Société Générale, Banque Nationale de Paris, Crédit Commercial de France v. Ministre de l’économie, des finances et de (...)

Jean-Yves Chérot The French Supreme Administrative Court welcomes actions claiming release or reimbursement of a tax financing a State aid in case of absence of notification of the statute setting up the tax (CNIH)


Background It is settled case law that the implementation of the system of supervising State aid is a matter for both the Commission and, having regard to the direct effect of the last sentence of article 88 (3) EC, the national courts. The European Court of Justice ruled in two historical (...)

Jean-Yves Chérot The French Administrative Supreme Court rules that indemnities for the services performed by undertakings in collecting and/or disposing of waste oils do not constitute State aid (Union des industries chimiques)


The claimants requested the annulment of a decree creating a special tax levied on the production or importation of basic oils in France which aims was to support the collection, treatment and elimination of wasted oils. Part of this tax was allocated to undertakings collecting and disposing (...)

Jean-Yves Chérot The French Judiciary Supreme Court rules that the claimants had not demonstrated that the tax constituted State aid and failed to submit argument on a possible existing aid (Huttepain Maine Aliments / Guyomarc’h Vertou / Nantes Sanders / Marcel Braud)


Background The French State had levied a special tax for cereal storage during the 1986-1987 and 1987-1988 campaigns. Various agricultural companies claimed the reimbursement of the tax before the national first instances courts on the basis of Article 88 (3). Some of these first instance (...)

Jean-Yves Chérot The French Administrative Supreme Court refers to the EU Court of Justice for preliminary ruling a case on tax deduction that is limited to expenditure for research carried out in the State of taxation (Baxter)


Three pharmaceuticals companies engaged an action for the annulment of a State ordinance which established emergency measures aiming at the re-establishment of the balance of social security consisting in exceptional contributions to be paid by pharmaceuticals companies. One of these (...)

414892 Review

Jean-Yves Chérot Private investor test: The Court of Justice rules that the General Court did not err in law in finding that the private investor test may be applicable even where fiscal means have been employed (EDF)


CJEU, 5 June 2012, Commission v. EDF, Case C-124/10 P The data ---- The Commission had brought an appeal before the Court of Justice against the judgment of 5 December 2009 in which the Court of First Instance annulled Articles 3 and 4 of the Commission Decision of 16 December 2003 on State (...)

Jean-Yves Chérot Preussen elektra case law: The Council of State makes a preliminary reference to the CJEU with respect to the condition of State resources relating to a compensation scheme financing renewable power generation (Association Vent de colère)


EC, 15 May 2012, Association Vent de colère, n° 324852 The Conseil d’État has decided to refer a preliminary question to the Court of Justice of the European Union on the interpretation of the concepts of State aid and State resources in relation to the mechanism of the purchase obligation (...)

Jean-Yves Chérot Compensation of service of general economic interest: The European Commission renders the first application of the Alumnia framework for State aid in the form of public service compensation (Post Office)


Eur. comm. dec. of 28 March 2012, Post Office Limited - Offsetting of net costs incurred to ensure a commercially uneconomic network aff. SA.33054 (2012N) First and interesting application of the framework applicable to State aid in the form of public service compensation resulting from the (...)

Jean-Yves Chérot Distortion of competition – Imputability: The General Court annuls a Commission decision as far as this decision undermines the exemption from excise duty authorised by the Council and undermines the presumption of legality attaching to European Union measures (Ireland a.o./Commission)


Trib. EU, 21 March 2012, Ireland and others v Commission, cases T-50/06 RENV, T-56/06 RENV, T-60/06 RENV, T-62/06 RENV and T-69/06 RENV. Facts and procedure ---- The European Commission has opened State aid proceedings against Ireland, Italy and France for exemptions from excise duties on (...)

Jean-Yves Chérot Recovery: The Court of Justice issues a judgment that illustrate a refusal to comply, for the wrong reasons, with a decision ordering the recovery of aid illegally granted (France)


CJEU, 20 October 2010, Commission v. France, Case C-549/09 This case is a further illustration of the prevarication of a Member State in the performance of its obligations to recover incompatible and unlawfully paid aid as a defence which a Member State in question knows full well is not (...)

Jean-Yves Chérot Recovery: The Court of Justice imposes a penalty the amount of which changes over time in proportion to the progress of the implementation of the Commission’s decision (Italy)


CJEU, 17 November 2011, Commission v. Italy, Case C-496/09 An action for failure to fulfil obligations The case before the Court shows once again how difficult it is for States to recover incompatible and unlawfully granted aid when it comes to implementing a Commission decision on a general (...)

Jean-Yves Chérot Selectivity – Direct taxation: The Court of Justice, grand chamber, gives the Commission the means to better fight against unfair tax competition on the basis of State aid rules (Commission and Spain/Government of Gibraltar and United Kingdom)


CJEU, 15 November 2011, Commission and Spain v. Government of Gibraltar and United Kingdom, cases C-106/09 P and C-107/09 P. The issue of selectivity of State aid in the context of the fight against harmful tax competition ---- This is an important judgment on the concept of selectivity of (...)

Jean-Yves Chérot Recovery: The Court of Justice examines the particular case of the extent of the obligation to justify a recovery order in a decision on a general aid scheme (A2A/Commission ; ACEA/Commission)


CJEU, 21 December 2011, A2A v Commission, Case C-318/09 P CJEU, 21 December 2011, ACEA v Commission, Case C-319/09 P CJEU, 21 December 2011, A2A v Commission, Case C-320/09 P Appeals against the judgments of the Court of First Instance of 11 June 2009 (obs. J.-Y. C. Concurrences No. (...)

Jean-Yves Chérot Contribution to the public electricity service: The Council of State states that the contribution to the public electricity service is not an integral part of a State aid (Stop Hôtel Villeneuve d’Ascq)


EC, 9 November 2011, Stop Hôtel Villeneuve d’Ascq, n° 323273 Final consumers of electricity installed on the national territory participate, as a contribution to the national public electricity service, in the financing of the additional production costs borne by electricity operators in (...)

Jean-Yves Chérot Altmark case law: The Marseille Administrative Court of Appeal rules that a safeguard clause reserving the right to grant the delegate of public services additional funding, other than that required to carry out the public services obligations, to an amount that is not determined and whose calculation parameters were not defined, constitutes a State aid (Corsica Ferries)


CAA Marseille, 7 November 2011, Corsica Ferries, n° 08MA01604 Corsica Ferries, a competitor of SNCM and CNM for the transport of passengers between Corsica and the mainland, asked the administrative court to annul the maritime public service delegation agreement for which SNCM and CNM were (...)

Jean-Yves Chérot Restructuring aid: The General Court holds that the European Commission has committed manifest errors in the assessment of the compensatory measures concerning the restructuring of a firm in difficulty and in the application of the Deggendorf case law (Electrolux et Whirlpool/Commission)


Trib. EU, 14 February 2012, Electrolux and Whirlpool v Commission, Joined Cases T-115/09 and T-116/09 The Court of First Instance annuls for manifest errors of assessment the decision by which the Commission declared compatible with the internal market the aid which the French State planned (...)

Jean-Yves Chérot SGEI: The European Commission approves a State aid to the French incumbent postal operator to finance part of the cost of the public services of delivering press items to citizens and of presence in remote areas (La Poste)


Eur. Comm., dec. C(2012) 152 final, 25 January 2012, public service compensation measures for La Poste - France, case SA.34027 In this interesting decision, the Commission decides not to initiate the formal investigation procedure and to declare compatible with the internal market on the (...)

Jean-Yves Chérot Loan: The General Court rules that the margins to be applied to set the reference of the interests exigible by undertakings depend on the rating of the undertaking set by the 2008 Commision’s notice (Région Nord-Pas-de-Calais)


Trib. UE, 12 May 2011, Région Nord-Pas-de-Calais and Others v Commission, Joined Cases T-267/08 and T-279/08 The decision of the Court of First Instance of 12 May 2011, Région Nord-Pas-de-Calais and Communauté d’agglomération du Douaisis v. Commission (Cases T-267/08 and T-279/08) is (...)

Jean-Yves Chérot Recovery: The Court of Justice rules that apprehension of internal difficulties in the course of implementing a decision on State aid cannot justify a failure by a Member State to comply with its obligations under Community law (Poland)


CJEU, 14 April 2011, Commission v. Poland, Case C-331/09 The argumentation in cases brought before the Court on State failure to fulfil its obligations is extremely constrained. The defending State cannot invoke the possible unlawfulness of a Union act and here of the Commission’s decision. (...)

Jean-Yves Chérot Economic activity – Construction of airport infrastructure: The General Court rules that regional airport operators have to subsidize by their own resources the costs of the infrastructures which are the basis of their economic activity (Mitteldeutsche Flughafen, Flughafen Leipzig-Halle)


Trib. UE, 24 March 2011, Freistaat Sachsen and Land Sachsen-Anhalt v Commission, Case T-443/08, Mitteldeutsche Flughafen and Flughafen Leipzig-Halle v Commission, Case T-455/08 The question of financing airport infrastructure brought before the Court of Justice for the first time The question (...)

Jean-Yves Chérot Tax on the sale and renting of videos: Several French Administrative Courts of Appeal rule that a tax paid following a Commission Decision declaring such tax to be compatible must not have been granted in breach of Article 108(3) TFEU (Christophe A ; Spar Vidéo ; Le Temps retrouvé ; GPM Italie Tolbiac ; Yvannof Emmanuel - Club vidéo Jade)


CAA Bordeaux, March 29, 2011, Christophe A, n° 10BX00976 CAA Nancy, April 14, 2011, Spar Video, No. 10NC00178 CAA Lyon, 9 June 2011, Le Temps retrouvé, n° 10LY01772 CAA Paris, November 24, 2010, GPM Italy Tolbiac, n° 10PA00079 and CAA Nantes, 30 December 2010, Yvannof Emmanuel - Club (...)

Jean-Yves Chérot 362 Warranties - Recovery: The General Court rules that the obligation to recover an illegal State aid is not affected by the fact that the domestic law of a Member State treats measures granting the aid as null and void (DHL Aviation and DHL Hub Leipzig)


Trib. EU, 7 October 2010, DHL Aviation and DHL Hub Leipzig v Commission, Case T-452/08 In 2005, after negotiations with several airports, DHL decided to move its European air freight hub from Brussels to Leipzig/Halle, starting in 2008. On this occasion, DHL received several state aid (...)

Jean-Yves Chérot Qualification requirements for State aid: The General Court holds that payments on account prior to the approval of an agreement were paid without respecting the Altmark case law conditions (Fallimento Traghetti del Mediterraneo)


CJEU, 10 June 2010, Fallimento Traghetti del Mediterraneo, case C-140/09 The case in the main proceedings is already known because it gave rise to a first question referred by the Tribunale di Genova for a preliminary ruling by which the Court was asked whether the Italian law limiting the (...)

Jean-Yves Chérot Governmental statements: The General Court holds that governmental statements cannot involved State ressources on account of their open, imprecise and conditional nature, in particular as regards the nature, scope and conditions of possible State intervention (France Télécom)


General Court, 21 May 2010, France, France Télécom a.o. v. Commission, joined cases T-425/04, T-444/04, T-450/04 and T-456/04 Public statements, attributable to a State, by which a government announces support for an undertaking, in particular a public undertaking, and which may have the (...)

Jean-Yves Chérot Annulment for illegality: The General court holds that, if the annulment of the assessments were to lead, even provisionally, to a repayment of the aid previously reimbursed by its recipients, this would be incompatible with the effectiveness of the Commission’s decision ordering the recovery of the unlawful aid (Scott and Kimberly Clark)


CJUE, May 20, 2010, Scott and Kimberly Clark v. City of Orléans, Case C-210/09 Article 14(1) of Regulation 659/1999 provides that ’where negative decisions are taken in cases of unlawful aid, the Commission shall decide that the Member State concerned shall take all necessary measures to (...)

Jean-Yves Chérot Violation of art. 88(3) EC: The Council of State decides that the violation of art. 88(3) EC does not create a serious breach to a public interest to justify the intervention of a judicial emergency proceeding (Air France ; Airport of Marseille-Provence)


EC (ord. ref.), 19 March 2010, Air France and others. (Marseille-Provence airport), No 336405 The administrative court has been seised on numerous occasions of the Marseille-Provence airport’s fee-charging policy designed to make the new terminal dedicated to low-cost airlines attractive to (...)

Jean-Yves Chérot First application of EC Reg. 1370/2007: The European Commission issues the first application of EC Reg. 1370/2007 on public passenger transport services by rail and by road (Danske Statsbaner)


Eur. Comm., dec. C(2010) 975 final, 24 February 2010, Public service contracts between the Danish Government and Dankse Statbaner, case C 41/2008 (ex. NN 35/2008) The Commission had opened a formal investigation procedure on complaints from two passenger transport companies about alleged aid (...)

Jean-Yves Chérot Tax allocated to the State budget: The Nantes Administrative Appeal Court holds that a tax allocated to the State budget can not be an integral part of a State aid measure (Dijori)


CAA Nantes, December 28, 2009, SAS Dijori, n° 08NT00890 It will be recalled that in the Auchan judgment (EC 21 December 2006, req n° 288562, ConcurrencesNo. 1-2007, p. 128, obs. J-Y. C.), the Council of State had ruled that the tax on certain advertising expenditure introduced by Article 23 (...)

Jean-Yves Chérot Exercise of public powers: The CFI rules that the circumstances that a State uses financial ressources that are connected with the exercise of public powers do not justify to regard the State measures as actions connected with the exercise of public powers (EDF)


General Court, 12 December 2009, EDF v. Commission, case T-156/04 The assessment under the State aid rules of the policy of clarifying the status of the assets of EDF’s general supply network and its accounting and tax consequences provides an opportunity for the Court of First Instance to (...)

Jean-Yves Chérot Success of its crisis State aid coordination: The European Commission notes the progress of its State aid policy in its implementation by the Member States and the success of its State aid crisis coordination (State Aid Scoreboard)


Eur. Comm, 7 December 2009, State Aid Scoreboard, Autumn 2008 Update, COM(2009) 661 The State Aid Scoreboard is a document that complements information on State aid rules and policies with data to monitor their correct application and progress. The autumn 2009 update focuses on the year 2008 (...)

Jean-Yves Chérot Concept of State aid: The ECJ rules that the concept of State aid corresponds to an objective situation and that is why the EC Commission is not required to state the its reasons for making a different assessment of the regime in question in its previous decisions (Ireland)


CJ (EU), ch. gde, 2 December 2009, Commission v. Ireland and Others, Case C-89/08P. From this decision handed down by the Grand Chamber, we will remember in particular (see on other pointsAgnès Maîtrepierre’s commentary in the "Proceedings" column, this review ConcurrencesN° 1-2010) that the (...)

Jean-Yves Chérot Aid to disadvantaged and disabled workers: The European Commission publishes criteria for the compatibility of State aid to disadvantage and disabled workers subject to individual notification


Communication from the Commission. Criteria for the compatibility analysis of state aid to disadvantaged and disabled workers subject to individual notification, OJ C188 of 11 August 2009, p. 6. The Communication on criteria for the analysis of the compatibility of State aid for the (...)

Jean-Yves Chérot Rules of admissibility: The ECJ rules that a trade union may have the right to appeal against a decision of the Commission not to raise objections about a State aid (3 F)


– ECJ, 9 July 2009, 3F, aff. C-3 19/07 The judgment delivered by the Third Chamber of the Court in this case will attract the attention of those examining the case law, which is still difficult, still containing grey areas and still criticised for its complexity, on the admissibility (...)

Jean-Yves Chérot Recovery - Mechanism for extinguishing debts: The ECJ rules that, so long as it is provided for under the national legal system as a mechanism for extinguishing debts, a set-off operation can constitute an appropriate means by which State aid may be recovered (Greece)


– ECJ, 7 July 2009, Commission v. Greece, Case C-3 69/07. That judgment, delivered by the Grand Chamber, in Case C-47/99, on the interpretation and application of the rules on State aid, provides elements of substantial interest in the interpretation and application of the rules on (...)

Jean-Yves Chérot Art. 86.2 EC: The CFI clarifies the assessment of State aid not linked to a mission of general interest but constituting a certain form of organisation of public services (ASM Brescia - ACEA - AEM)


CFI, 11 June 2009, ACEA v Commission, Case T-297/02 CFI, 11 June 2009, AEM v Commission, Case T-301/02 CFI, 11 June 2009, ASM Brescia v Commission, Case T-189/03 CFI, 11 June 2009, Italy v Commission, Case T-222/04 Those four decisions of the Court of First Instance concern the action for (...)

Jean-Yves Chérot Public funding of broadband network: The European Commission consults Member States on the Broadband Guidelines on the application of EU State aid rules to public funding of broadband network


EC. Comm, 19 May 2009, Consultation on the Commission’s Broadband Guidelines on the application of EU state aid rules to public funding of broadband network The Commission opened a consultation on draft Guidelines on the application of state aid rules to the rapid deployment of broadband (...)

Jean-Yves Chérot Economic assessment of State aid: The European Commission consults Member States on a staff working paper "Common principles for an economic assessment of the compatibility of State aid under Article 87.3 EC”


EC Commission, 15 May 2009, Consultation on a working document "Common principles for the economic assessment of the compatibility of State aid under Article 87(3)". In a consultation document, DG Competition attempts to develop in a more concrete, comprehensive and precise manner the (...)

Jean-Yves Chérot Selectivity: The ECJ rules that the Member State’s freedom to define their environmental policy does not exclude the application of State aid rule to an environmental levy (British Aggregates Association)


ECJ, 22 December 2008, British Aggregates Association v Commission, Case C-487/06P. Here the Court makes an interesting ruling on the selectivity of an aid scheme in the rather particular case of a "specific" measure such as an environmental tax. The United Kingdom has introduced a tax (...)

Jean-Yves Chérot Regional selectivity: The CFI rules that a measure conferring an advantage in only one part of the national territory is not selective on that ground alone for the purposes of Art. 87.1 EC (Gibraltar/Great Britain)


CFI, 18 December 2008, Government of Gibraltar and United Kingdom v Commission, cases T-211/04 and T-215/04. The Government of Gibraltar is planning to introduce a deeply original corporate tax regime. This system, which was intended to be applicable to all companies established in (...)

Agnès Maitrepierre, Alain Ménéménis, Amandine Zelenko, Anne Fort, Carine Soulay, Christian Lambert, Christopher Bellamy KC, David Spector, Denys de Béchillon, Emmanuel Glaser, Eric Ginter, François Tanguy, Guylain Clamour, Jacques Biancarelli, Jacques Derenne, Jean-Christophe Moraud, Jean-Claude Bonichot, Jean-Louis Colson, Jean-Marc Sauvé, Jean-Yves Chérot, Laurent Richer, Marie-Christine Lepetit, Marie-Dominique Hagelsteen, Mario Monti, Philippe Martin, Pierre-François Racine State Aid Colloquium, 14 March 2008


TABLE OF CONTENTS OPENING REMARKS Mr Jean-Marc SAUVÉ, Vice-President of the Conseil d’Etat Mr Mario MONTI, Former European Commissioner for Competition, President of the Bocconi University of Milan IS STATE AID CONTROL POLICY A COMPETITION POLICY? Introduction: Mrs Marie-Dominique (...)

Jacques Derenne, Jean-Yves Chérot Challengeable act: The ECJ holds that the administrative filing of a complaint relating to an alleged unlawful aid constitutes an act likely to be challenged under Article 230 EC and annuls an order of the CFI which declared inadmissible a request for the annulment of a complaint rejection (Athinaïki Techniki)


ECJ, 17 July 2008, Athinaïki Techniki AE v Commission, Case C-521/06 P. This judgment of the Court of Justice deserves attention because it differs so much from the position adopted by the Court of First Instance in opening up the admissibility of the actions of complainants whose complaints (...)

Jean-Yves Chérot Public guarantees: The European Commission publishes a new Notice on the State Aid Action Plan in efforts to clarify and simplify State aid rules (Treaty to State aid in the form of guarantees)


EC. Comm, 25 May 2008, Notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees, OJ C155, 20 June 2008, p.10. The important revised Commission Communication on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of (...)

Jean-Yves Chérot Access to official documents: The ECJ rules that a Member State cannot oppose, in an entirely discretionary manner and without having to give reasons for its decision, the disclosure of any document held by a Community institution simply because it originates from that State (Sweden)


ECJ, 18 December 2007, Kingdom of Sweden v Commission, Case C-64/05 P The Court of Justice delivered this very important decision in Grand Chamber on appeal against the judgment of 30 November 2004 (Case T-168/02 [2004] ECR II-4135) in which the Court of First Instance dismissed IFAW’s (...)

Jean-Yves Chérot Existing aid: The CFI raises by its own motion the Commission’s obligation to state reasons on the existing character of a State aid due to particular circumstances (Ireland, France, Italy)


CFI, 12 December 2007, Ireland, France, Italy a.o. v. Commission, cases T-50/06 a.o. The case is very interesting because it involves linking the system of state aid decisions under the procedures laid down in the Treaty with decisions that the Union institutions may take under other powers, (...)

Jean-Yves Chérot Recovery of State aid: The ECJ over rules arguments about the absolute impossibility of implementation and about the illegality of the Commission’s decision (Italy)


ECJ, 6 December 2007, Commission v. Italy, Case C-280/05. The judgment of 6 December 2007 in Case C-280/05 contains the Court’s usual reminders of the failure of a State, in this case Italy, to take the necessary measures within the prescribed time limits to abolish and recover from the (...)

Jean-Yves Chérot Link between the financing tax and the aid measure: The Administrative Paris Court of Appeal holds that French tax on meat purchases has not yet any connection with the subsidization of aid to the quartering sector (Boucherie Brodet, SAS Vitry)


CAA Paris, 1 October 2007, Boucherie Brodet, n° 06PA03997 CAA Paris, 5 November 2007, SAS Vitry, n° 06PA04277 The aid in the rendering sector and the levy on meat purchases which for a time financed these aid measures gave rise to numerous proceedings before the national courts (mainly for (...)

Jean-Yves Chérot Duty of the Commission: The CFI rules that mistaken approach taken in the implementation of a State aid measure does not create additional obligations for the Commission (Brandt Italia)


CFI, 12 September 2007, Italy and Brandt Italia SpA v. Commission, joined cases T-239/04 and T-323/04 By a Decree-Law of 14 February 2003 laying down urgent provisions on employment, converted into a Law of 17 April 2003, Italy adopted an aid scheme in response to the serious employment (...)

Jean-Yves Chérot Expiry of the ECSC Treaty: The CFI rules that the European Commission may, even after expiration of the ECSC Treaty, review State aid in the coal and steel sector in respect of situations existing prior to the expiry of that Treaty (Gonzalez y Diez)


CFI, 12 September 2007, Gonzalez y Diez v. Commission, Case T-25/04. The Gonzalez y Diez judgment is of particular interest because it states, in the name of ’the unity and continuity of the Community legal order and its objectives’ and, in particular in the present case, the unity and (...)

Jean-Yves Chérot Existing aid/New aid: The CFI completes the examination of the EC decision to initiate procedure under Art. 88.2 against Italian maritime transport’s State aid as new aid (Tirrenia di Navigazione)


CFI, 20 June 2007, Tirrenia di Navigazione, Case T-246/99. The judgment comes in the action for annulment brought by undertakings (companies in the Tirrenia Group) providing maritime transport between the mainland and Sardinia under contracts with the State involving commitments relating to (...)

Jean-Yves Chérot Procedural obligations of the Commission: The CFI quashes the European Commission Commission’s decision for numerous procedural, method and calculation errors in the valuation of a land sale price (Scott)


CFI, 29 March 2007, Scott SA v Commission, Case T-366/00 Almost ten years after it was granted in 1987, on the basis of a complaint lodged in 1996, itself based on a 1996 report by the French Court of Auditors, the Commission initiated proceedings against France for aid allegedly contained (...)

Jean-Yves Chérot Assessment of the value of an aid: The CFI voids for a violation of the obligation of motivation an European Commission decision which assessed the value of a State aid by way of capitalization (Département du Loiret)


CFI, 29 March 2007, Département du Loiret v Commission, Case T-369/00 The Commission’s decision of 12 July 2000 concerning the State aid implemented by France for Scott Paper SA was the subject of, in addition to the action for annulment brought by the recipient undertaking against Article 2 (...)

Jean-Yves Chérot EU Law - Vol. II


This is the second volume of a work on the law of the European Union which opened with a volume devoted to the legal order and institutional law of the Union (The Law of the European Union. A New Constitutional Order. Materials and cases, by Alain A. Levasseur and Richard F. Scott, 2001, 1075 (...)

Jean-Yves Chérot Tax: The French Council of State rules that a tax entirely attributed to a fund is an integral part of an aid measure and has to be restituted since it has been put into effect in violation of Art. 88.3 EC (Auchan)


EC, 21 December 2006, Minister for the Economy, Finance and Industry v. Auchan France, No. 288562 The Conseil d’État was seized of a dispute concerning the refund of the tax on certain advertising expenditure instituted by the 1998 Finance Act and allocated entirely to the fund for the (...)

Jean-Yves Chérot Reasonable period: The CFI holds that the mere adoption of a decision after the expiry of a reasonable period is not in itself sufficient to render unlawful a decision taken by the European Commission following a preliminary examination under Art. 88.3 EC (Empresarios de Estaciones de Servicio)


CFI, 12 December 2006, Asociación de Empresarios de Estaciones de Servicio de la Comunidad Autónoma de Madrid a.o. v. Commission, Case T-95/03 By its decision of 12 December 2006 in Case T-95/03, the Court of First Instance adjudicated for the first time in State aid proceedings (see, (...)

Jean-Yves Chérot Power of national Courts: The ECJ holds that a Commission decision finding aid compatible does not have the effect of regularising ex post facto implementing measures which were invalid because they were taken in violation of the prohibition laid down by the last sentence of Article 88(3) EC (Transalpine Ölleitung in Österreich Gmbh (TAL))


ECJ, 5 October 2006, Transalpine Ölleitung in Österreich Gmbh (TAL) and Others v Finanzlandesdirektion für Tirol and Others, Case C-368/04. By its TAL judgment of 5 October 2006, the Court is led to confirm two well-established case-law decisions. However, the judgment does not lack interest (...)

Jean-Yves Chérot Suspensory effect: The ECJ holds that by providing for the suspensory effect of actions brought against demands for payment issued for the recovery of aid granted, the procedure laid down by French law and applied in the present case cannot be considered to allow the "immediate and effective" execution of the Commission decision (Commission v. France)


ECJ, 5 October 2006, Commission v. France, Case C-232/05. Under the principle of the primacy of Community law, national courts (like the administrative authorities themselves) must leave national rules contrary to Community law unapplied. Thus, the Court has been able to require national (...)

Jean-Yves Chérot State imputability: The French Council of State, by reference to the Pearle doctrine, decides that compulsory levies allowing interprofessional agricultural market policies do not belong to the State aid rules (Confédération paysanne)


EC, 21 June 2006, Confédération paysanne, No. 271450 With explicit reference to the judgment of the Court of Justice of 15 July 2004 (ECJ, Pearle and others, Case C-345/02, ECR p. 7139; see comment A.), the Court of Justice of the European Communities (ECJ, Pearle and others, Case C-345/02, (...)

Antoine Gosset-Grainville, Denis Samuel Lajeunesse, François Souty, Frederic Jenny, Guillaume Cerutti, Hubert Legal, Jacques Barrot, Jacques Derenne, Jacques-Philippe Gunther, Jean-Patrice de La Laurencie, Jean-Yves Chérot, Laurence Idot, Marc van Hoof, Marie-Dominique Hagelsteen, Nicola Pesaresi, Valérie Rabassa, Xavier de Roux Conference: The EC State Aid Reform (Paris, 8 December 2005)


The proceedings of this colloquium are organised in two parts. In the first stage, the two main axes of the reform are studied: In substantive terms, the aim of the Community reform is to introduce a more economic analysis of aid in this area too. Following the presentation made by Ms Rabassa (...)

Jean-Yves Chérot Legitimate expectations - Legal certainty: The ECJ implements separately the protection of legitimate expectations and legal certainty principles (G. Atzeni - Marco Scalas)


The Court of Justice of the EC conducts a pedagogical analysis of the legal bases of the Commission’s intervention concerning State aid in the agricultural sector by setting out the methodology for applying the various relevant regulations and applies separately the principle of legitimate (...)

Jean-Yves Chérot Selectivity - Economic entity: The ECJ holds that an economic activity can be both the fact of an operator acting directly on the market and of another entity (Cassa di Risparmio di Firenze)


ECJ, 10 January 2006, Cassa di Risparmio di Firenze and others. Case C-222/04, not yet published in the ECR. This is one of the first cases in which the Court has had to interpret the concept of "undertaking" in the context of State aid law. The concepts of ’undertaking’ and ’economic (...)

Jean-Yves Chérot Action for annulment: The CFI holds that publication in the Official Journal of a summary of the EC Decision which enables third party to identify the decision and has access to the full text triggers the time-limit period (Air Bourbon)


CFI (ord.), 19 September 2005, Air Bourbon v. Commission, Case T-321/04 This case is interesting because it recalls the principles applicable as regards the starting point for the time limit for appealing against a Commission decision not to raise objections against aid the text of which (...)

Jean-Yves Chérot New State Aid - De minimis: The ECJ holds that the European Council has no jurisdiction under Art. 87.3 e) to exempt a Member State to notify new State aid and that the "de minimis" does not apply in order to assess the effect on trade between Member States (Xunta de Galicia)


ECJ, 21 July 2005, Xunta de Galicia, case C-71/04 A question was referred to the Court for a preliminary ruling on the interpretation to be given to Council Directive 90/684 of 21 December 1990 establishing new rules on aid to shipbuilding, adopted on the basis of Article 87(3)(e) EC. The (...)

Jean-Yves Chérot Control mechanism: The ECJ holds that the European Commission can, provided it has sufficient information, issue either a conditional decision or a negative one, at its discretion (Sardinia)


CFI, 15 June 2005, Regione autonoma della Sardegna v. Commission, case T-171/02 The Commission decided by decision of 13 November 2001 that the draft aid scheme notified by Italy in January 1998 and which the region of Sardinia intended to implement for small agricultural enterprises in (...)

Jean-Yves Chérot Recovery: The ECJ holds that a debt-free transfer of assets to a new company is an obstacle to executing a Commission decision requiring the recovery of State aid (Commission/Greece)


ECJ, 12 May 2005, Commission v. Greece, Case C-415/03. The judgment of the Court was delivered on an action for failure to fulfil obligations brought against Greece for failure to adopt the measures necessary to recover various aid pursuant to a Commission decision of 11 December 2002 (OJEU (...)

Jean-Yves Chérot Existing Aid/New Aid: The ECJ lays down the duties incumbent on the Commission whenever it opens a formal investigation under Article 88(2) EC if the Member State concerned alleges either that the measures in question do not constitute State aid (Italy/Commisson)


ECJ, 10 May 2005, Italy v. Commission, Case C-400/99 Italy’s action against the Commission’s decision of 6 August 1999 to initiate the procedure laid down in Article 88(2) EC in respect of the aid granted to the companies of the Gruppo Tirrenia di Navigazione has already given rise to the (...)

Jean-Yves Chérot Annulation: The CFI annuls the "Livret bleu" decision for insufficient reasoning and expresses its regret that the clarification given in the Altmark case was not available to the Commission (Crédit Mutuel)


CFI, 18 January 2005, Confédération nationale du Crédit mutuel v. Commission, Case T-93/02 In its decision of 15 January 2002, the Commission took the view that the "measures taken by France in favour of Crédit Mutuel for the collection and management of regulated savings under the "Livret (...)

Jean-Yves Chérot Principle of one-off aid: The European Commission states that the principle of one-off aid does not apply absolutely and should not limit the cases where aid can be deemed "necessary" (Bull)


EC Commission, dec. 2005/941/EC, 1 December 2004, on the State aid which France is planning to implement for Bull The Commission’s decision on the state aid which France is planning to implement for Bull is an application of the rules laid down in the Community guidelines on state aid for (...)

Jean-Yves Chérot Grant: The CFI holds that analyzing the effect that a grant will have on competition requires the European Commission to take into account whether or not the market in question is in decline (Kronofrance)


CFI, 1st December 2004, Kronofrance SA v. Commission, case T-27/02 The Multisectoral Framework on regional aid for large investment projects was adopted by the Commission on 16 December 1997 to enable it to correct the over-incentive effect that regional aid schemes can have on large (...)

Jean-Yves Chérot Principle of legitimate expectations: The CFI holds that a business cannot rely on the principle of legitimate expectations during the formal investigation procedure in order to resist the immediate application of a new regulation on State aid with regard to aid previously notified under a former regime (Ferriere Nord)


CFI, 18 November 2004, Ferriere Nord SpA v. Commission, Case T-176/01 The Court of First Instance had before it the question whether an aid project notified to the Commission under a previous framework could be examined by the Commission at the stage of the formal procedure for examining the (...)

Jean-Yves Chérot Eligibility - Environmental State aid: The CFI holds that in order to be eligible for environmental State aid, a project must have the improvement of environmental performance as its objective, and not merely a collateral benefit (Ferriere Nord)


CFI, 18 November 2004, Ferriere Nord SpA v. Commission, Case T-176/01 The judgment of the Court of First Instance of 18 November 2004 in the Ferriere case contains an interesting clarification concerning the investment costs which may be the subject of aid authorised by the Commission for (...)

Jean-Yves Chérot Guidelines: The CFI holds that the European Commission reserves its right to determine the existence of a SME, in spite of previous guidelines on the subject (Pollmeier Malchow)


CFI, 14 October 2004, Pollmeier Malchow GmbH v. Commission, Case T-137/02. The judgment of the Court of First Instance in the Pollmeier case is of particular interest because, while recalling that the Commission is bound by the frameworks and communications which it adopts in the field of (...)

Jean-Yves Chérot Notion of State Aid (advantage): The European Commission holds that declarations by national authorities in favour of a public undertaking which are sufficiently clear, precise and definite, and which evidence the existence of credible State involvement, may turn a shareholder advance into State aid (France Telecom)


The Commission’s decision of 2 August 2004 on the state aid implemented by France in favour of France Télécom gave rise to a major legal battle over whether statements by a government in support of a public undertaking could be regarded as state aid. The Commission took the view that, since (...)

Jean-Yves Chérot Reimbursement of the Aid: The CFI holds that the general principles of law do not allow a beneficiary to reserve itself a particular role in proceedings (Technische Glaswerke)


CFI, 8 July 2004, Technishe Glaswerke Ilmenau GmbH v. Commission, Case T-198/01 The Commission had decided that the waiver by the BvS, the body responsible for restructuring and selling off companies in the former GDR, to a significant part of its the claim in favour of Technishe Glaswerke (...)

Jean-Yves Chérot Recovery of unlawful State Aid: The CFI holds that the amount of aid repayable corresponds to the amount of the debt renounced, and not to the loss which would have been incurred had the company been put into liquidation (Technische Glaswerke Ilmenau)


CFI, 8 July 2004, Technishe Glaswerke Ilmenau GmbH v Commission, Case T-198/01 In that case the Court rejects the argument that, in the case of aid resulting from the waiver by a creditor of a part of its claim against a company which is thus avoided being put into liquidation, the aid which (...)

Jean-Yves Chérot Powers of the Council vs. Commission: The ECJ holds that once the European Commission has ruled definitively on a State aid grant, the Council is unable to make a ruling on it itself (Commission c./Conseil)


ECJ, 29 June 2004, Commission v. Council, case C-110/02 The Council had authorised, at the request of Portugal, aid to farmers to fully compensate them for reimbursements they owed as a result of the order for recovery of previous aid contained in two negative Commission decisions. In the (...)

Jean-Yves Chérot Recovery of unlawful State aid: The ECJ holds that a company which has been granted unlawful State aid and continues to carry on the subsidised activities and which has maintained its legal personality gains a competitive advantage with regard to that aid and must repay an amount equal to the grants (Germany/Commission)


ECJ, 29 April 2004, Germany v. Commission, Case C-277/00 Here is a judgment which clarifies the principles which should guide the search for the real beneficiary of the aid in the case where the control of Concurrences- RDLC, December 2004 - N°1 86 the original recipient enterprise has been (...)



Total visits

Number of readings per contribution

Number of contributions

Author's ranking
In number of contributions
In number of visits
In average number of visits
Send a message