CELF v Commission [2008] EUECJ C-199/06

European Court of Justice preliminary ruling (about 8 pages) on national courts' duties to order reimbursement of illegal aid under the EU State aid rules, in cases where the aid was illegal because it was not notified, but was considered "compatible" after review by the Commission. The outcome is that interest must be repaid in respect of the period of illegality, but that the "compatible" aid can be retained by the recipient. The ECJ also confirmed that judgments of the CFI or itself annulling Commission decisions had retroactive effect, and that there a recipient of aid approved by the Commission had no legitimate expectation until time had run out for raising an appeal against the Commission's decision, and any appeal had been determined.

For further information or advice please contact Franck Latrémolière.

Filed under ECJ/CFI, State aid.

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