CASE COMMENT : STATE AID - ILLEGAL AID - ROLE OF NATIONAL JUDGE - AID GRANTED ILLEGALLY BUT LATER DECLARED COMPATIBLE

Failure to notify: The ECJ clarifies the respective roles of the Commission and the national judge with regards to illegal aid (SIDE-CELF)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECJ, 12 February 2008, CELF and Minister of Culture and Communication v. Société internationale de diffusion et d'édition, case C-199/06 Referred to it by the French Conseil d'État, the Court had to answer an important question on the interpretation of Article 88(3) of the EC Treaty and on the possibility for a Member State not to recover unlawfully paid aid which the European Commission has declared compatible with the common market. The present judgment clarifies the respective roles of the Commission and the national court with regard to unlawfully paid aid. The Court's reply makes it possible to reconcile two lines of case-law which seemed at first

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Christophe Giolito, Failure to notify: The ECJ clarifies the respective roles of the Commission and the national judge with regards to illegal aid (SIDE-CELF), 12 February 2008, Concurrences N° 2-2008, Art. N° 16673, pp. 140-141

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