*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. According to the last sentence of Article 108(3) TFEU, Member States granting State aid may not put the planned measures into effect until the Commission (and, quite exceptionally, the Council, on the basis of the third subparagraph of Article 108(2) TFEU) has adopted a final decision of compatibility, 'final decision' being understood not as a final decision but simply as a decision terminating the procedure conducted by the Commission [1]. The direct effect of that provision, which was recognised by the Court of Justice [2] at a very early stage, is that the national court, most often seised by a competitor of the beneficiary of the aid concerned, is
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LEGAL PRACTICE: STATE AID - ORDERS TO PAY - RECOVERY - ILLEGAL STATE AIDS - INCOMPATIBLE STATE AIDS - ANNULMENT
The contestation of the orders to pay issued for the recovery of illegal State aids declared incompatible by the Commission
The orders to pay adopted by the French administration, as the most common way of recovery of illegal State aids declared incompatible by the Commission, can be reviewed by French administrative courts, as illustrated by the growing number of such actions. However, actions lodged against these administrative orders to pay present certain specificities, in particular, as to the pleas that may be raised and as to those that may lead to the annulment of the order concerned.
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