CASE COMMENTS: STATE AIDS - AID RECOVERY - EXPECTATIONS

Aid Recovery: The ECJ rejects the legitimate expectations argument (Unicredito Italiano)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – ECJ, 15 December 2005, Unicredito Italiano SpA, Case C-148/04. In that case, the Court was seised by a national court of the legality of a Commission decision declaring State aid incompatible with the common market and ordering the recovery of the incompatible aid once it had been unlawfully paid. The case concerned an application for an assessment of the validity of the Commission's decision of 11 December 2001 on the State aid scheme implemented in Italy for banks, a decision which was the subject of the action for annulment examined by the Court in Italy v Commission (Case C-66/02), which gave rise to a judgment of the same day and commented on in

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Jean-Yves Chérot, Aid Recovery: The ECJ rejects the legitimate expectations argument (Unicredito Italiano), 15 December 2005, Concurrences N° 1-2006, Art. N° 944, pp. 169-170

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