CASE COMMENTS : STATE AID – RECOVERY – FAILURE OF A MEMBER STATE TO FULFIL OBLIGATIONS – FAILURE TO IMPLEMENT WITHIN THE PRESCRIBED PERIOD – INSOLVENCY

Recovery: The Court of Justice rules that apprehension of internal difficulties in the course of implementing a decision on State aid cannot justify a failure by a Member State to comply with its obligations under Community law (Poland)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 14 April 2011, Commission v. Poland, Case C-331/09 The argumentation in cases brought before the Court on State failure to fulfil its obligations is extremely constrained. The defending State cannot invoke the possible unlawfulness of a Union act and here of the Commission's decision. In order to justify the failure to implement a Commission decision within the strict time-limit laid down in the Commission decision, the Member State concerned can only rely on arguments demonstrating the absolute impossibility of implementing that decision. Legal, political or practical circumstances making enforcement difficult do not satisfy the criterion of

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Jean-Yves Chérot, Recovery: The Court of Justice rules that apprehension of internal difficulties in the course of implementing a decision on State aid cannot justify a failure by a Member State to comply with its obligations under Community law (Poland), 14 April 2011, Concurrences N° 3-2011, Art. N° 37462, pp. 164-166

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