CASE COMMENT: STATE AIDS - VIOLATION OF THE LAST SENTENCE OF ARTICLE 88(3) EC - COMPLEMENTARY AND DISTINCT ROLES OF NATIONAL COURTS AND THE COMMISSION - EFFECT ON THE SCOPE OF ARTICLE 88(3) EC OF A DECLARATION OF THE COMPATIBILITY OF THE AID WITH THE COMMON MARKET - POWERS OF NATIONAL COURTS

Power of national Courts: The ECJ holds that a Commission decision finding aid compatible does not have the effect of regularising ex post facto implementing measures which were invalid because they were taken in violation of the prohibition laid down by the last sentence of Article 88(3) EC (Transalpine Ölleitung in Österreich Gmbh (TAL))

*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) and Others v Finanzlandesdirektion für Tirol and Others, Case C-368/04. By its TAL judgment of 5 October 2006, the Court is led to confirm two well-established case-law decisions. However, the judgment does not lack interest in the way in which the responses given to the Austrian national court were constructed. Despite the clear and unequivocal terms of the Court's judgments of 21 November 1991 (Fédération nationale du commerce extérieur des produits alimentaires, the so-called 'salmon' case: Case C-354/90, ECR p. I-5505) and of 21 October 2003 (Belgische Staat v Eugène van Calster and Felix

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Jean-Yves Chérot, Power of national Courts: The ECJ holds that a Commission decision finding aid compatible does not have the effect of regularising ex post facto implementing measures which were invalid because they were taken in violation of the prohibition laid down by the last sentence of Article 88(3) EC (Transalpine Ölleitung in Österreich Gmbh (TAL)), 5 October 2006, Concurrences N° 4-2006, Art. N° 12576, p. 108

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