CASE COMMENTS: PROCEDURES – STATE AIDS – ADMISSIBILITY – SERIOUS DIFFICULTIES

State aids – Admissibility: The Court of Justice applies its Kronoply-Kronotex case law and confirms that a discrepancy at the level of national law should have led the Commission to initiate the investigation procedure (Autriche/Scheucher Fleisch)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. CJEU, 27 October 2011, Austria v Scheucher-Fleisch and Others, Case C-47/10 P With this judgment, the Court applies its recent Kronoply and Kronotex case law ((ECJ, 24 May 2011, Commission v. Kronoply and Kronotex, Case C-83/09 P). It thus confirms its approach to the admissibility of actions brought before the Court of First Instance against Commission decisions not to open the formal investigation procedure for a State aid project. It will be recalled that, in that previous case, the Court of Justice had upheld the Court of First Instance's finding that an

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Alexandre Lacresse, State aids – Admissibility: The Court of Justice applies its Kronoply-Kronotex case law and confirms that a discrepancy at the level of national law should have led the Commission to initiate the investigation procedure (Autriche/Scheucher Fleisch), 16 February 2012, Concurrences N° 1-2012, Art. N° 42302, pp. 183-184

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