CASE COMMENTS: STATE AIDS - ILLEGAL AND INCOMPATIBLE AID – OBLIGATION OF RECOVERY – ABSOLUTE IMPOSSIBILITY
Failure : The Court of Justice of the European Union considers that France has failed to fulfill its obligations by failing to recover aid granted to a carrier for certain ferry services between Marseille and Corsica (Commission / France)
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A veritable sea serpent, the judicial saga of the litigation concerning State aid granted to the Société nationale Corse Méditerranée (SNCM), which has been on the registers of the Court of First Instance and the Court of Justice for a number of years, has just experienced a new (and final?) episode with a judgment of the Court of Justice of 9 July 2015.
At the origin of that judgment is a Commission decision, adopted on 2 May 2013, concerning aid granted to SNCM under a public service delegation agreement granted by the Assembly of Corsica and relating to maritime services between Marseilles and Corsica. That agreement, covering the period 2007-2013,
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