CASE COMMENT: STATE AIDS - RECOVERY OF STATE AID

Recovery: The ECJ holds that EC law precludes the application of a provision of national law which seeks to lay down the principle of res judicata (Lucchini)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECJ, 18 July 2007, Lucchini SpA and MICA, case C-119/05 On the basis of a national legislative provision, by a decision which was manifestly and seriously wrong, without regard to the provisions of the Treaty relating to the Commission's powers in the field of State aid, and even though a negative decision of the Commission had been adopted and not contested, an Italian Court of Appeal recognised the right of the undertaking Lucchini to benefit from State aid and ordered the Italian State to pay it to it. While formally reserving the right to comply with Community law, the Italian State had finally implemented this judicial decision. However, at the

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Jean-Yves Chérot, Recovery: The ECJ holds that EC law precludes the application of a provision of national law which seeks to lay down the principle of res judicata (Lucchini), 18 July 2007, Concurrences N° 4-2007, Art. N° 14334, pp. 108-110

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