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Judgment of the Court of the European Union in case C-1/09, CELF v SIDE

Adrien Giraud

DOI https://doi.org/10.21552/ESTAL/2010/3/196

National courts can find themselves in a very uncomfortable position when they are requested to order the recovery of an illegal aid the compatibility of which is in the meantime being assessed by the European Commission. Ordering the recovery may mean the death of the company even though there is a chance that the Commission will clear the aid altogether. Refusing to order the recovery is probably a violation of the duty imposed on the courts by EU l


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