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The Individual Identification of Beneficiaries of State Aid and the Financing Mechanism · Case C-505/18 Copebi SCA v Établissement national des produits de l’agriculture et de la mer · Annotation by Federica Maldari

Annotation on the Judgment of the Court of Justice (Fifth Chamber) of 13 June 2019 in Case C-505/18 Copebi SCA v Établissement national des produits de l’agriculture et de la mer.

DOI https://doi.org/10.21552/estal/2019/4/15

Federica Maldari


The Case deals with a legal dispute concerning the recovery of unlawful State aid in the fruit and vegetable sector under a Decision of the European Commission (EC), between Copebi SCA, one of the beneficiaries of the involved funds, and the French Republic. The dispute concerns the scope of the Decision of the EC, in so far as Copebi considered that the funds used were not covered by the Decision, which did not specifically mention the economic committee which paid them to Copebi. The beneficiary also argued the measure could not be covered by the Decision, since the financing mechanism of the funds was different from that described in it. The issues were referred to the Court of Justice (CJ) for a preliminary ruling, which concluded that the Decision must be interpreted as covering the funds paid to Copebi despite the fact that it didn’t mention the grantor of funds nor exact financing mechanism.
Keywords: Recovery order; Contingency plans; Scope of Decision; Identification; Financing mechanism.

Federica Maldari is a Qualified Lawyer. She holds a Second-Level University Master’s Degree in Competition and Innovation Law from the LUISS Guido Carli University - Rome (Italy) and a Law Degree from the same University.

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