*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Can a Member State be held liable for the unlawful grant of State aid and its late recovery by the recipient of that aid? That is the question which the French Conseil d'État was called upon to decide in the context of an appeal brought by the company Le Muselet Valentin against a judgment of the Administrative Court of Appeal of Nancy of 30 October 2014 (for a rather similar question but in respect of a private party, concerning the same disputed aid measure, see comm. J. Derenne on a judgment of the Paris Court of Appeal dismissing an action for damages based on the loss of the benefit of that illegal and incompatible aid, Epta Rack). Background On the
CASE COMMENTS: STATE AIDS – FRANCE – CASE LAW – LIABILITY – GRANTING OF UNLAWFUL AID – RECOVERY
Recovery: The French Supreme Administrative Court dismisses an undertaking’s appeal challenging the State’s liability for the unlawful granting of an aid of which it has been the beneficiary and for the late recovery of this aid (Le Muselet Valentin)
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