CASE COMMENTS : STATE AIDS – FAILURE OF A MEMBER STATE – RECOVERY – AID SCHEME – ALL BUSINESS SECTORS
Recovery: The Court of Justice rules against Greece for failure to implement a recovery decision (Greece)
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CJEU, 1 March 2012, Commission v. Greece, case C-354/10
The Court of Justice is asked to declare that, by failing to adopt, within the prescribed period, all the measures necessary for the recovery of the aid found by the Commission to be unlawful and incompatible with the common market in Decision No 2008/723 of 18 July 2007, Greece has failed to fulfil its obligations.
In the present case, the State aid in question consisted of a measure in the form of a special reserve fund which is tax-exempt as long as it is set up and financed by the company up to 35 % of its undistributed profits during 2004 and is used to finance investments in the sectors and for
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