Lack of ex post facto regularisation: The ECJ holds that a decision of compatibility does not have the effect of regularising measures implementing an aid (Transalpine Ölleitung in Österreich)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – ECJ, 5 October 2006, Transalpine Ölleitung in Österreich Gmbh (TAL) a. o. v. Finanzlandesdirektion für Tirol a. o., case C-368/04 The number of requests for preliminary rulings on State aid matters, and more specifically on State aid litigation, is increasing; indeed, this is one of the major shipyards of the future. The question of whether national courts should disapply a law constituting unlawful aid, but subsequently declared compatible by the Commission, was referred to the Court of Justice of the European Communities (Transalpine judgment, paragraph 33). A look back at the Adria-Wien Pipeline case At issue was an Austrian law, the first version of