CASE COMMENT: STATE AID - DISTRIBUTION - NATIONAL REGIONAL AID – LEGAL EFFECT OF GUIDELINES – EXISTENCE OF SERIOUS DIFFICULTIES, WHICH REQUIRE THE INITIATION OF THE OPENING PROCEDURE

National regional aid – Legal effect of guidelines : The General Court annuls a Commission decision concerning a regional aid for interpreting the regional guidelines as depriving it from its discretionary power (Smurfit Kappa Group)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Trib.UE, 10 July 2012, Smurfit Kappa Group plc v European Commission, Case T-304/08 This judgment of the Court of First Instance, delivered in respect of regional aid for the construction of a paper mill and a generator in the Region of North-East Brandenburg, is of particular interest for the interpretation of the guidelines issued by the Commission and the determination of their legal scope, in particular in the light of the Treaty. The Commission had declared regional aid compatible with the internal market without initiating the formal investigation procedure. It had based its decision on the Guidelines on national regional aid for 2007-2013. Having

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  • European Commission - Legal Service (Brussels)

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Bruno Stromsky, National regional aid – Legal effect of guidelines : The General Court annuls a Commission decision concerning a regional aid for interpreting the regional guidelines as depriving it from its discretionary power (Smurfit Kappa Group), 11 July 2012, Concurrences N° 4-2012, Art. N° 49468, pp. 135-136

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