CASE COMMENT: STATE AID - RECOVERY OF AN ILLEGAL STATE AID - POWER OF THE NATIONAL COURT

Recovery of illegal State aid: Advocate general Kokott advises the Court to consider a State guarantee illegally granted for a private loan to be valid except if the lender is the undertaking beneficiary of the aid (Residex Capital IV CV / Gemeente Rotterdam)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 26 May 2011, Advocate General Julianne Kokott presented her Opinion in Case C-275/10 (Residex Capital IV CV v Gemeente) Rotterdam), which follows a reference for a preliminary ruling by the Court of Justice of the European Communities on the following questions the Hoge Raad der Nederlanden, the Netherlands, and concerning the modalities of recovery of unlawful aid where such aid consists of the granting of aid by a public person of a guarantee to obtain a loan. In case of In the present case, an investor - Residex - transformed the proceeds of the sale into of an equity interest, acquired in part as a result of the The Company has also granted a put

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

  • L’actu-concurrence (Paris)

Quotation

Alain Ronzano, Recovery of illegal State aid: Advocate general Kokott advises the Court to consider a State guarantee illegally granted for a private loan to be valid except if the lender is the undertaking beneficiary of the aid (Residex Capital IV CV / Gemeente Rotterdam), 26 May 2011, Concurrences N° 3-2011, Art. N° 54522, “www.concurrences.com”

Visites 91

All reviews