CASE COMMENTS : STATE AIDS – ECSC TREATY – OBLIGATION TO RECOVER – LEGAL CERTAINTY – AMOUNT OF THE AID TO BE REPAID – SCOPE OF THE ECSC TREATY – PROTECTION OF THE ENVIRONMENT – DISCOUNT RATE
Amount of the aid to be repaid: The General Court rules that the European Commission did not breach the principle of legal certainty and dismisses pleas seeking to call into question the amount of the aid to be repaid (Salzgitter)
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The ECSC Treaty and the rules adopted for its application expired on 23 July 2002. More than ten years later, the Court of First Instance is still dealing with disputes relating to the application of the ECSC Treaty rules on State aid.
In 1971, the Federal Republic of Germany adopted a law to contribute to the development of the area along the border with the former German Democratic Republic and the former Czechoslovak Republic (hereinafter referred to as the "ZRFG").
The aid granted by this law was first declared compatible with the EC Treaty by the Commission in 1971 and most recently by a decision of 1991.
At the beginning of 1998, the Commission
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