CASE COMMENTS: STATE AID – RECOVERY – DEGGENDORF CASE LAW – AID BENEFICIARY – RESTRUCTURING – ECONOMIC UNIT

Recovery: The Court of Justice ensures the effet utile of the EU State aid rules in the case of undertakings restructuring (AceaElectrabel)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 16 December 2010, AceaElectrabel v Commission, Case C-480/09 P The Court applies the so-called "Deggendorf" case-law according to which the Commission is competent to suspend the authorisation of new aid which it declares compatible on condition that it reimburses aid previously unlawfully received and declared incompatible by the Commission, where the cumulation of such aid would have an excessive effect on competition (ECJ, 15 May 1977, Textilwerke Deggendorf GmbH (TWD) v. Commission, C-355/95, ECR I. p. 2564). It does so here in a rather complex factual situation. The case is worth recalling that the effet utile of the Union's State aid rules

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Jean-Yves Chérot, Recovery: The Court of Justice ensures the effet utile of the EU State aid rules in the case of undertakings restructuring (AceaElectrabel), 16 December 2010, Concurrences N° 1-2011, Art. N° 34213, pp. 159-161

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