ALERTS: STATE AIDS - GRANTED AID - INCENTIVE EFFECT - UNLAWFUL AID - RECOVERY

Unlawful aid: The Court of Justice of the European Union asserts the State members’ competition authorities have the duty to recover the unlawful State aid in presence of a violation of the incentive effect criterion (Eesti Pagar)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Taking the view that the authorities of the Member States must confine themselves to a purely formal monitoring of the condition relating to the incentive effect of aid to SMEs, required by Article 8(2) of the General Block Exemption Regulation, the Court of Justice ruled that those authorities are under an obligation to recover unlawful aid where there has been an infringement of the criterion of incentive effect. On 5 March 2019, the Court of Justice of the European Union delivered a judgment inCase C-349/17 (Eesti Pagar AS v Ettevõtluse Arendamise Sihtasutus, Majandus- ja Kommunikatsiooniministeerium).which originated in the reference for a preliminary

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  • L’actu-concurrence (Paris)

Quotation

Alain Ronzano, Unlawful aid: The Court of Justice of the European Union asserts the State members’ competition authorities have the duty to recover the unlawful State aid in presence of a violation of the incentive effect criterion (Eesti Pagar), 5 March 2019, Concurrences N° 2-2019, Art. N° 89701, www.concurrences.com

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