CASE COMMENTS : STATE AIDS – RECOVERY OBLIGATION – FAILURE TO COMPLY WITH A COMMISSION DECISION - BANKRUPT BENEFICIARY

Recovery obligation: The Court of Justice condemns Spain for having failed to comply with a 1998 decision and gives a further example of the Member States’ obligations as regards to the recovery of unlawful aids from bankrupt companies (Spain)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 24 January 2013, Commission v. Spain, Case C-529/09 This case concerns a Commission decision of 1998 (1999/509) in the Magefesa case, the same one in which the Court delivered a judgment on 11 December 2012 finding that a judgment of the Court had not been complied with, this time in relation to a decision in the same case of 1989 (Decision 1991/1). Many similar elements are already dealt with by the Court in this 2012 judgment in the context of its jurisdiction under Article 260 TFEU. We refer to the description of the facts and our commentary in Concurrences n° 1-2013. In addition, the following points can be made in this fairly classic case,

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  • Sheppard, Mullin, Richter & Hampton (Brussels)

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Jacques Derenne, Recovery obligation: The Court of Justice condemns Spain for having failed to comply with a 1998 decision and gives a further example of the Member States’ obligations as regards to the recovery of unlawful aids from bankrupt companies (Spain), 24 January 2013, Concurrences N° 2-2013, Art. N° 52098, p. 133

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