Recovery of an unlawful State guarantee: The Court of Justice judges that the annulment of an unlawful State guarantee could constitute an appropriate measure enabling the reestablishment of the competitive situation prior to the granting of the aid (Residex Capital IV)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 8 December 2011, Residex Capital IV, box C-275/10 The question referred for a preliminary ruling by the Hoge Raad der Nederlanden, the Netherlands Court of Cassation, is an opportunity for the Court to recall the fundamental principles of the role of the court in the recovery of unlawful aid within the meaning of Article 108(3) TFEU. The judgment does not call for any particular comments, since the Court's response is based on the principles now well anchored in the Commission Notice on the application of the State aid rules by national courts (OJ C 85, 9 September 2009, pp. 1-22; see J. Derenne, C. Kaczmarek, Recovery of unlawful aid: the role of the