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Recovery of Unlawful State Aid by the Member States – the New German Approach

Christoph Arhold

DOI https://doi.org/10.21552/ESTAL/2006/1/73



I. Introduction Measures introducing or amending State aid are called ‘new aid’. All new aid must be notified by the Member State concerned, and may not be granted before the Commission has approved it (notification duty and standstill clause, see Article 88(3) EC). The Member States do not always succeed in fulfilling their obligations under Article 88(3) EC, either because they do not realise that the measure qualifies as State aid, or because the m

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