CASE COMMENTS : STATE AID - UNLAWFUL AID DECLARED COMPATIBLE WITH THE INTERNAL MARKET - ANNULMENT OF THE COMMISSION DECISION - ROLE OF NATIONAL COURTS - RECOVERY OBLIGATION AND PROHIBITION OF ANY STAY OF PROCEEDINGS PENDING THE ADOPTION OF A NEW COMMISSION DECISION - NOTION OF EXCEPTIONAL CIRCUMSTANCES

Role of national courts - Recovery - Exceptionals circonstances: The ECJ recalls the fundamental obligations of national courts in presence of unlawful aid (CELF)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – CJEU, 11 March 2010, Centre d'exportation du livre français (CELF), Ministre de la Culture et de la Communication v. Société internationale de diffusion et d'édition (SIDE), Case C-1/09. This is the CELF II case. A judgment which was no doubt unnecessary in view of the obvious answers but not entirely useless for all that, in order to clarify once and for all certain questions and above all to cut short the speculation that was heard here and there about the lessons of the CELF I judgment: in other words, there is no question of believing that, as a result of the CELF I judgment, the national judges could escape their obligations and leave the burden of

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Jacques Derenne, Role of national courts - Recovery - Exceptionals circonstances: The ECJ recalls the fundamental obligations of national courts in presence of unlawful aid (CELF), 11 March 2010, Concurrences N° 3-2010, Art. N° 31999, pp. 129-132

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