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A Small Step Towards Stricter Practice in Cases of Breach of the Treaty under Article 108(2) TFEU?


Annotation on Case C-331/09 Commission v Poland, [2011] ECR n.y.r.

I. Introduction On 14 April 2011, the Court of Justice of the European Union gave judgment in Case C-331/09 which was brought by the Commission against Poland.1 The Commission claimed that Poland was in breach of the Treaty on the Functioning of the European Union (TFEU) by failing to implement its Decision 2008/344/EC to recover unlawfully paid State aid.2 Over the last five years,


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