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Recovery of Unlawful State Aid: The Role of Member State Courts in State Aid Recovery Scenarios


Comments on Case C-507/08 and Case C-304/09 of 22 December 2010

I. Introduction In Commission v Slovakia1 and Commission v Italy,2 the European Court of Justice had determine whether Slovakia and Italy had violated their obligations under EU State aid law by not properly recovering unlawful State aid. In both cases, the implementation of Commission State aid recovery decisions gave rise to litigation in national courts. With these two decisions,


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