CASE COMMENTS : STATE AID - ALTMARK CASE LAW - SUBSIDIES DISCHARGING PUBLIC SERVICE OBLIGATIONS

Qualification requirements for State aid: The General Court holds that payments on account prior to the approval of an agreement were paid without respecting the Altmark case law conditions (Fallimento Traghetti del Mediterraneo)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – CJEU, 10 June 2010, Fallimento Traghetti del Mediterraneo, case C-140/09 The case in the main proceedings is already known because it gave rise to a first question referred by the Tribunale di Genova for a preliminary ruling by which the Court was asked whether the Italian law limiting the possibility of the State being held liable by the national courts complies with the principle of effectiveness of Community law and the principles laid down in the Kobler judgment (ECJ, 30 September 2003, C-224/01). The Court (ECJ, 13 June 2006, Traghetti del Mediterraneo SpA v. Italy, C-173/03) replied that "Community law precludes national legislation which generally

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Jean-Yves Chérot, Qualification requirements for State aid: The General Court holds that payments on account prior to the approval of an agreement were paid without respecting the Altmark case law conditions (Fallimento Traghetti del Mediterraneo), 10 June 2010, Concurrences N° 3-2010, Art. N° 32005, pp. 135-136

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