CASE COMMENTS: STATE AIDS – EUROPEAN UNION – ADMISSIBILITY – RECOVERY – ABSOLUTE IMPOSSIBILITY

Absolute impossibility: The Court of Justice of the European Union rules that an action for annulment brought by a competitor is admissible and annuls the State aid scheme since the absolute impossibility of recovery of the aid was not demonstrated (Scuola Elementare Maria Montessori/Commission, Italie)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Montessori judgment of the Grand Board appears to be an important turning point as regards the admissibility of appeals against Commission decisions relating to aid schemes, particularly where those decisions are favourable to a Member State. Whereas it had hitherto interpreted in a relatively strict and cautious manner the amendments to the conditions of admissibility of actions for annulment introduced by the Treaty of Lisbon in favour of persons directly concerned by a regulatory measure not involving an implementing measure, it has, this time, made a significant opening of the right of action before the Court of First Instance. The other great

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  • European Commission - Legal Service (Brussels)

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Bruno Stromsky, Absolute impossibility: The Court of Justice of the European Union rules that an action for annulment brought by a competitor is admissible and annuls the State aid scheme since the absolute impossibility of recovery of the aid was not demonstrated (Scuola Elementare Maria Montessori/Commission, Italie), 6 November 2019, Concurrences N° 1-2019, Art. N° 89294, pp. 127-129

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