CASE COMMENT: STATE AID - RECOVERY OF ILLEGAL AID

Recovery of illegal aid : The EU Court of Justice considers that a national court is not bound to order the recovery of aid implemented contrary to the provisions of Article 88, §3, when the Commission has adopted a final decision declaring that aid to be compatible with the common market (CELF / Ministre de la Culture et de la Communication / SIDE)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In a judgment delivered today, 12 February 2008, the Court of Justice of the European Communities (ECJ) has ruled that the European Communities has come to say, in response to a request Reference for a preliminary ruling from the Conseil d'État (France) by the Conseil d'État in the context of the complex litigation concerning the case of aid in the form of subsidies granted by the French State to the livre français (CELF), for his activity as an export agent, in order to offset the additional cost of processing small orders placed by booksellers established abroad, that the national judge is not bound order the recovery of aid put into effect in disregard of

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Recovery of illegal aid : The EU Court of Justice considers that a national court is not bound to order the recovery of aid implemented contrary to the provisions of Article 88, §3, when the Commission has adopted a final decision declaring that aid to be compatible with the common market (CELF / Ministre de la Culture et de la Communication / SIDE) , 12 February 2008, Concurrences N° 2-2008, Art. N° 64332, www.concurrences.com

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