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The General Principles of EU Law and Their Role in the Review of State Aid Put into Effect by Member States

Marek Rzotkiewicz

DOI https://doi.org/10.21552/ESTAL/2013/3/365



I. Introduction According to the Article 14.1 of Regulation 659/1999,1 “the Commission shall not require recovery of the aid if this would be contrary to a general principle of EU law”.2 Resorting to the general principles of EU law is a most significant instrument for Member States and aid beneficiaries as it can bar the Commission from imposing a recovery order on a Member State. However, despite all its significance, the term “the general principle

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