CASE COMMENTS: STATE AIDS – FRANCE – SUPREME ADMINISTRATIVE COURT – EXISTING AID – STATE LIABILITY

Existing aid: The French Administrative Supreme Court considers that State liability cannot be incurred due to the implementation of an existing aid for the period prior to the Commission’s decision declaring its incompatibility with the common market (Ryanair)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The question of the liability of the State for the granting of State aid is currently the subject of numerous developments in the case law of the French administrative courts. For example, having established that the recovery, even if late, of unlawful aid cannot engage the State's responsibility (EC, 7 June 2017, Le Muselet Valentin, No 386627, FR:CECHR:2017:386627.20170607, comm. R. Vuitton, ConcurrencesNo. 4-2017, pp. 148-149. ; see also, EC, 30 May 2018, MJA, No. 402174, EN:CECHR:2018:402174.20180530, comm. R. Vuitton, Concurrences, No. 3-2018, p. 163.), the Conseil d'État was recently called upon to rule on the question whether such liability could be

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  • European Court of Justice (Luxembourg)

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Raphaël Vuitton, Existing aid: The French Administrative Supreme Court considers that State liability cannot be incurred due to the implementation of an existing aid for the period prior to the Commission’s decision declaring its incompatibility with the common market (Ryanair), 25 October 2018, Concurrences N° 1-2019, Art. N° 89308, pp. 161-162

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