CASE COMMENTS: STATE AIDS – RECOVERY – FAILURE OF A MEMBER STATE TO FULFIL ITS OBLIGATIONS – AID GRANTED TO FISH FARMERS – ABSOLUTE IMPOSSIBILITY OF COMPLIANCE (NO)

Recovery: The Court of Justice issues a judgment that illustrate a refusal to comply, for the wrong reasons, with a decision ordering the recovery of aid illegally granted (France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 20 October 2010, Commission v. France, Case C-549/09 This case is a further illustration of the prevarication of a Member State in the performance of its obligations to recover incompatible and unlawfully paid aid as a defence which a Member State in question knows full well is not valid. France notified the Commission in June 2000 of the compensation measures it had adopted for fishermen and fish farmers who had suffered damage as a result of the oil pollution caused by the sinking of the Erika on 12 December 1999

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Jean-Yves Chérot, Recovery: The Court of Justice issues a judgment that illustrate a refusal to comply, for the wrong reasons, with a decision ordering the recovery of aid illegally granted (France), 16 February 2012, Concurrences N° 1-2012, Art. N° 42216, p. 160

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