The EU General Court issues a decision which finds that Member States must recover of their own initiative illegally granted aid (KW and SG)

Member States Must Recover of their Own Initiative Illegally Granted Aid* Aid granted illegal must be recovered by the granting authority without any need for a prior Commission decision ordering recovery. The amount of recovered aid may be limited to that which is in excess of what is allowed by the GBER. Introduction It is a well-established principle in the case law that a “prudent market operator” is responsible to check that the aid it receives is granted legally. This means that it is authorised by the Commission, or it is in full compliance with a block exemption regulation or a de minimis regulation. Any deviation from the terms of the Commission’s authorising decision or from the provisions of the block exemption regulation or de minimis regulation makes the aid