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The Commission’s New Recovery Notice

A Handbook for the Recovery of Unlawful and Incompatible Aid

Simone Donzelli

DOI https://doi.org/10.21552/estal/2019/4/9

Keywords: Recovery, Unlawful aid, Incompatible aid, Infringement, Insolvency

In July 2019, following a public consultation, the European Commission adopted a new notice on the recovery of unlawful and incompatible aid, replacing the previous 2007 Notice. The new Recovery Notice represents the state of the art of the existing legislation and Case law about recovery policy. This article introduces the key topics of the Recovery Notice, from the general principles to infringement proceedings, passing through some crucial issues such as the identification of the beneficiaries, the quantification of the aid and recovery in the context of insolvency proceedings. Selected comments from the public consultation are also presented, analysed and discussed. The article, in line with the Recovery Notice, stresses the central role of cooperation between the Commission and the Member States to implement recovery Decisions and concludes that the Recovery Notice is a comprehensive tool to enforce State aid rules in line with the current regulatory framework and Case law of the Union Courts.
Keywords: Recovery; Unlawful aid; Incompatible aid; Infringement; Insolvency.

Simone Donzelli, qualified lawyer, LLM Queen Mary, University of London, is a case handler at the European Commission, DG Competition. For correspondence: <mailto:simone.donzelli@ec.europa.eu>. The content of this article does not necessarily reflect the official position of the European Commission. Responsibility for the information and views expressed lies entirely with the author. The author thanks María Muñoz de Juan for useful discussions.


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