CASE COMMENT : STATE AIDS – PRELIMINARY RULING – INTERPRETATION OF A EUROPEAN COMMISSION DECISION – ABOLITION OF INCOMPATIBLE AID – POINT AT WHICH AN AID IS CONSIDERED TO BE GRANTED – PROTECTION OF LEGITIMATE EXPECTATIONS
Preliminary ruling: The Court of Justice rules on freedom of action of national court in determining when an aid is considered to be granted (Magdeburger Mühlenwerke)
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CJEU, 21 March 2013, Magdeburger Mühlenwerke, Case C-129/12
By letter dated 20 October 1995, the Commission proposed to the Member States, pursuant to Article 93(1) of the Treaty (now Article 108(1) TFEU), guidelines and appropriate measures concerning State aid for investments in the processing and marketing of agricultural products (hereinafter referred to as the 'guidelines'). It resulted from those guidelines, on the one hand, that regional aid, and in particular that relating to investments in the milling industry, could no longer be considered compatible and, on the other hand, that Member States had to amend the existing aid concerned.
Within the
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