CASE COMMENTS: STATE AIDS - FAILURE OF NOTIFICATION - STATE LIABILITY

Art. 88.3 EC: The Administrative Court of Appeal of Paris holds the State accountable for granting an un-notified aid (Salmon Arc en Ciel)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CAA Paris, January 23, 2006, Groupe Salmon Arc en Ciel, n° 04PA01092 Principles of Member State responsibility The judgment of the Administrative Court of Appeal of Paris (CAA de Paris) is delivered in a case in which it is recognised for the second time (at least in France; see below) that the State has an obligation to compensate under its civil liability to the beneficiaries of State aid for the damage suffered as a result of the non-notification of the aid to the Commission and an obligation to reimburse such aid pursuant to a Commission decision declaring the aid incompatible and unlawfully paid. Although the Court has held that, save in exceptional

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Authors

  • Sheppard, Mullin, Richter & Hampton (Brussels)
  • University of Aix-Marseille

Quotation

Jacques Derenne, Jean-Yves Chérot, Art. 88.3 EC: The Administrative Court of Appeal of Paris holds the State accountable for granting an un-notified aid (Salmon Arc en Ciel), 23 January 2006, Concurrences N° 2-2006, Art. N° 764, pp. 126-130

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