CASE COMMENT: STATE AIDS - 1. NATIONAL CASE LAW : NOTION OF STATE AID - STATE RESOURCES - STATE IMPUTABILITY

State imputability: The French Council of State, by reference to the Pearle doctrine, decides that compulsory levies allowing interprofessional agricultural market policies do not belong to the State aid rules (Confédération paysanne)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – EC, 21 June 2006, Confédération paysanne, No. 271450 With explicit reference to the judgment of the Court of Justice of 15 July 2004 (ECJ, Pearle and others, Case C-345/02, ECR p. 7139 ; see comment A.), the Court of Justice of the European Communities (ECJ, Pearle and others, Case C-345/02, ECR p. 7139 ; see comment A. A., ConcurrencesNo. 1-2004, p. 79.), the Conseil d'État holds that the compulsory levies received by the agricultural inter-branch organisations covered by Article L. 632-3 of the Code rural are not State resources and that the decision to use those resources is not attributable to the State, so that the applicant cannot usefully argue that

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Jean-Yves Chérot, State imputability: The French Council of State, by reference to the Pearle doctrine, decides that compulsory levies allowing interprofessional agricultural market policies do not belong to the State aid rules (Confédération paysanne), 21 June 2006, Concurrences N° 4-2006, Art. N° 12580, pp. 111

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