CASE COMMENTS : STATE AID – RECOVERY – FAILURE OF A MEMBER STATE TO FULFILL ITS OBLIGATIONS

Recovery: The Court of Justice confirms the strict obligations of the Member States with respect to the recovery of unlawful and incompatible aid (Italy)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 5 May 2011, Commission v. Italy, Case C-305/09 This case illustrates the extent of Member States' obligations to recover illegal and incompatible aid. In 2004 the Commission adopted a decision finding an aid scheme introduced by Italy (various tax incentives for companies participating in trade fairs abroad - Decision 2005/919/EC of 14 December 2004) to be incompatible with the common market. In order to implement this decision, the Italian authorities adopted a series of measures, including a

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  • Sheppard, Mullin, Richter & Hampton (Brussels)

Quotation

Jacques Derenne, Recovery: The Court of Justice confirms the strict obligations of the Member States with respect to the recovery of unlawful and incompatible aid (Italy), 5 May 2011, Concurrences N° 3-2011, Art. N° 37937, p. 166

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