CASE COMMENTS: STATE AIDS - FAILURE OF A MEMBER STATE – UNLAWFUL AND INCOMPATIBLE AID – RECOVERY

Failure of a Member State : The Court of Justice of the European Union declares that a Member State failed to fulfil its obligation even if the delay to take all the measures necessary to recover the State aid was due to the bringing of national actions by the recipient (Commission / Germany)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Following an earlier annulment, on 14 December 2010 the Commission adopted Decision 2011/471/EU on the State aid which Germany had granted to the Biria Group (OJ 2011 L 195, p. 55). In that decision, the Commission found that Bike Systems (now MB System) had received State aid which was incompatible with the common market and ordered its recovery. In a judgment of 3 July 2013, the Court of First Instance dismissed the action against that decision (MB System v Commission, Case T-209/11). In the meantime, on 20 November 2012, the Commission brought an action for failure to fulfil obligations under Article 108(2) TFEU, in which it asked the Court of Justice

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  • General Court of the European Union (Luxembourg)

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Jérôme Gstalter, Failure of a Member State : The Court of Justice of the European Union declares that a Member State failed to fulfil its obligation even if the delay to take all the measures necessary to recover the State aid was due to the bringing of national actions by the recipient (Commission / Germany), 11 September 2014, Concurrences N° 4-2014, Art. N° 69979, pp. 184-186

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