CASE COMMENTS : STATE AID - SCOPE OF THE OBLIGATION TO STATE REASONS

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)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 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 Court, in line with the case-law initiated by thejudgment of 22 June 2006, Belgium and Forum 187 v. Commission in Cases C-182/03 and C-217/03, points out that the concept of State aid is an objective concept and that, for that reason, the concept of 'development in the common market', which appears both in Article 88 of the Treaty and in Procedural Regulation No

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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), 2 December 2009, Concurrences N° 1-2010, Art. N° 30336, pp. 147-149

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