CASE COMMENTS: STATE AID – EUROPEAN UNION - PUBLIC SERVICE OBLIGATIONS – COMPENSATION – RES JUDICATA – LEGITIMATE EXPECTATIONS

Res judicata: The Court of Justice of the European Union dismisses, by two identical judgments, appeals by confirming that the principle of res judicata cannot be invoked against a subsequent decision of the Commission ruling on the compatibility of an aid measure (Buonotourist, CSTP Azienda della Mobilità)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. On 4 March 2020, the Court delivered two judgments in which it dismissed and declared inadmissible the action brought by Buonotourist and CSTP Azienda della Mobilita against the judgments delivered by the Court of First Instance on 11 July 2018. As the two judgments are identical, reference will be made here to one of the two cases mentioned (Buonotourist). Background to the case By a decision of 2015, the Commission had declared the payment of additional compensation for the provision of passenger transport services by bus incompatible with the internal market and ordered its reimbursement to the Italian authorities. In essence, the Commission

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Authors

  • Sheppard, Mullin, Richter & Hampton (Brussels)
  • Sheppard, Mullin, Richter & Hampton (Brussels)

Quotation

Jacques Derenne, Catalina Chilaru, Res judicata: The Court of Justice of the European Union dismisses, by two identical judgments, appeals by confirming that the principle of res judicata cannot be invoked against a subsequent decision of the Commission ruling on the compatibility of an aid measure (Buonotourist, CSTP Azienda della Mobilità), 4 March 2020, Concurrences N° 2-2020, Art. N° 94494, pp. 143-144

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