CASE COMMENTS: STATE AID – FRANCE – PRELIMINARY RULING – RECOVERY DECISION – SCOPE

Recovery: The French Supreme Administrative Court applies the Court of Justice of the European Union’s interpretation regarding a European Commission’s recovery decision in order to identify the concerned undertakings (COPEBI ; Conserve Gard)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. By a judgment of 24 October 2019, the Council of State confirmed that Commission Decision 2009/402/EC declaring incompatible State aid relating to 'contingency plans' must be interpreted as covering the aid paid by the Office national interprofessionnel des fruits, des légumes et de l'horticulture (ONIFLHOR) to the Comité économique bigarreau industrie (CEBI) and allocated to producers of bigarreaux d'industrie by the member producer groups (Eur. Comm, Dec. 2009/402/EC of 28 January 2009 concerning the annual plans in the fruit and vegetables sector implemented by France [C 29/05 (ex NN 57/05)], OJ L 127, 26 May 2009, p. 11). The administrative judge thus

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Authors

  • University Paris II Panthéon‑Assas
  • University Paris II Panthéon‑Assas
  • University Paris II Panthéon‑Assas

Quotation

Francesco Martucci, Simon Bohbot, Audrey Lux, Recovery: The French Supreme Administrative Court applies the Court of Justice of the European Union’s interpretation regarding a European Commission’s recovery decision in order to identify the concerned undertakings (COPEBI ; Conserve Gard), 24 October 2019, Concurrences N° 1-2020, Art. N° 93358, pp. 138-139

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