CASE COMMENtS: STATE AID - RESTRUCTURING AID - RECOVERY FROM INSOLVENT BENEFICIARIES - GUIDELINES FOR RESCUE AND RESTRUCTURING AID TO UNDERTAKINGS IN DIFFICULTY

Recovery of financial operation: The CFI partially annuls the EC Commission decision to the extent that it ordered recovery of financial operation ordered by national judge having jurisdiction in insolvency matters (Maas and Groenewegen)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CFI, 1 July 2009, Maas and Groenewegen (KG Holding) v Commission, Case T-81/07 to T-83/07. In this judgment, the facts of which are highly complex, the Court of First Instance clarifies certain aspects relating to the rules applicable to State aid granted to undertakings declared bankrupt. While the aid element is difficult to identify in such situations, the question of recovery is also not an easy one. The judgment is interesting with regard to the role played by the official receiver (Rechter-commissaris), which is the competent judge in the Netherlands for bankruptcy proceedings. Help in the context of insolvency proceedings

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Jacques Derenne, Recovery of financial operation: The CFI partially annuls the EC Commission decision to the extent that it ordered recovery of financial operation ordered by national judge having jurisdiction in insolvency matters (Maas and Groenewegen), 1 July 2009, Concurrences N° 4-2009, Art. N° 29396, pp. 152-53

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