CASE COMMENTS: STATE AIDS - RECOVERY OF INCOMPATIBLE STATE AID – MARKET DEFINITION

Recovery : The Court of Justice of the European Union confirms that a Member State can be obliged to define the relevant market in the framework of the recovery of unlawful incompatible State aid (Commission/Germany)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Court's judgment of 6 May against Germany on failure to fulfil its obligations addresses a rather atypical question in relation to those generally apprehended by such judgments delivered on the basis of Article 108(2) TFEU. It is situated, so to speak, at the confluence of a problem of recovery of illegal and incompatible aid and a much more common subject in pure competition law, namely the delimitation of a market. More precisely, it is the existence of a separate market for business-to-business (B2B) parcel delivery services and the determination of its characteristics that was at the centre of the dispute between the Commission and Germany. The

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  • European Commission - Legal Service (Brussels)

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Bruno Stromsky, Recovery : The Court of Justice of the European Union confirms that a Member State can be obliged to define the relevant market in the framework of the recovery of unlawful incompatible State aid (Commission/Germany), 6 May 2015, Concurrences N° 3-2015, Art. N° 75089, pp. 135-137

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