CASE COMMENT: STATE AID - RELIEF FROM SOCIAL SECURITY CONTRIBUTIONS - GEOGRAPHICAL EXTENSION OF A STATE AID MEASURE - CATEGORISATION AS NEW AID OR EXISTING AID - DECISION DECLARING THE AID SCHEME INCOMPATIBLE WITH THE COMMON MARKET AND REQUIRING RECOVERY OF THE AID PAID OUT - EXTENT OF THE OBLIGATION TO MOTIVATE THE DECISION

Social security contributions - Recovery: The CFI, after having categorised the geographical extension of an existing and authorized State aid regime as new aid, recalls that the burden of proof concerning the alleged overcharges borne by the beneficiaries of State aid falls upon the national authorities or the interested third parties and not upon the Commission; and, in the absence of sufficient evidence, the CFI rules that the Commission sufficiently motivated its decision, after having confirmed the unlawfulness of the considered State aid measures, to require the recovery of the aid granted (Hotel Cipriani)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – CFI, 28 November 2008, Hotel Cipriani and Others v Commission, Joined Cases T-254/00, T-270/00 and T-277/00 In addition to a reminder of the admissibility criteria of an appeal for the specific addressees of a general decision (which are discussed in the "Procedures" column of this issue), the following points should be borne in mind Concurrences, n° 1-2009), this case is of some interest on the merits. It provides the Court of First Instance with an opportunity to emphasise that it is for the national authorities or third parties concerned to provide evidence of the existence of additional costs on the recipient undertakings which would justify the

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Jacques Derenne, Social security contributions - Recovery: The CFI, after having categorised the geographical extension of an existing and authorized State aid regime as new aid, recalls that the burden of proof concerning the alleged overcharges borne by the beneficiaries of State aid falls upon the national authorities or the interested third parties and not upon the Commission; and, in the absence of sufficient evidence, the CFI rules that the Commission sufficiently motivated its decision, after having confirmed the unlawfulness of the considered State aid measures, to require the recovery of the aid granted (Hotel Cipriani), 28 November 2008, Concurrences N° 1-2009, Art. N° 23591, pp. 154-157

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