CASE COMMENTS : STATE AID - RECOVERY OF AID - PRINCIPLE OF EFFECTIVENESS - OUTCOME OF AN ASSESSMENT’S ANNULMENT

Annulment for illegality: The General court holds that, if the annulment of the assessments were to lead, even provisionally, to a repayment of the aid previously reimbursed by its recipients, this would be incompatible with the effectiveness of the Commission’s decision ordering the recovery of the unlawful aid (Scott and Kimberly Clark)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJUE, May 20, 2010, Scott and Kimberly Clark v. City of Orléans, Case C-210/09 Article 14(1) of Regulation 659/1999 provides that 'where negative decisions are taken in cases of unlawful aid, the Commission shall decide that the Member State concerned shall take all necessary measures to recover the aid from the beneficiary' and Article 14(3) of the same Regulation specifies that 'recovery shall be effected without delay and in accordance with the procedures under the national law of the Member State concerned, provided that they allow the immediate and effective execution of the Commission decision. To this end, and in the event of proceedings before the

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Jean-Yves Chérot, Annulment for illegality: The General court holds that, if the annulment of the assessments were to lead, even provisionally, to a repayment of the aid previously reimbursed by its recipients, this would be incompatible with the effectiveness of the Commission’s decision ordering the recovery of the unlawful aid (Scott and Kimberly Clark), 20 May 2010, Concurrences N° 3-2010, Art. N° 32003, pp. 134-135

Visites 1293

All reviews