CASE COMMENTS: STATE AIDS - EC COMPETENCE - LEGITIMATE EXPECTATIONS - LEGAL CERTAINTY

Legitimate expectations - Legal certainty: The ECJ implements separately the protection of legitimate expectations and legal certainty principles (G. Atzeni - Marco Scalas)

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The Court of Justice of the EC conducts a pedagogical analysis of the legal bases of the Commission’s intervention concerning State aid in the agricultural sector by setting out the methodology for applying the various relevant regulations and applies separately the principle of legitimate expectations and the fundamental requirement of legal certainty.

ECJ, 23 February 2006, Atzeni a. o., Scalas and Lilliu, joined cases C-346/03 and C-529/03 In those two cases, the Court is referred to the Court for a preliminary ruling on the validity of Commission Decision 97/612 of 16 April 1997 'concerning aid granted by the Region of Sardinia in the agricultural sector' (OJ L 248, 11.7.1997, p. 27). The question is declared admissible under the terms of a minimising and interesting interpretation of the famous TWD case-law (ECJ, 9 March 1994, Case C-188/92 [1994] ECR I-833), which concerns the admissibility of an examination of the validity of a decision which has not been challenged for annulment within the prescribed period before the Community court by persons who have been entitled to do so and claiming the illegality of the decision by

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Jean-Yves Chérot, Legitimate expectations - Legal certainty: The ECJ implements separately the protection of legitimate expectations and legal certainty principles (G. Atzeni - Marco Scalas), 23 February 2006, Concurrences N° 2-2006, Art. N° 755, pp. 123-124

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