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Die Suche erzielte 2 Treffer.

When a Member State Admits an Aid to Be Incompatible · Case T-778/17 Autostrada Wielkopolska · Annotation by Marek Rzotkiewicz Journal Artikel

Annotation on the Judgment of the General Court (Ninth Chamber) of 24 October 2019 in Case T-778/17 Autostrada Wielkopolska S.A. v European Commission

Marek Rzotkiewicz

European State Aid Law Quarterly, Jahrgang 19 (2020), Ausgabe 2, Seite 205 - 211

The granting of State support for entities is a politically sensitive subject. Member States often grant aid and then, when questioned by the Commission, defend it vigorously claiming that there was no aid at all, or that such aid was compatible with internal market rules. Different situations, ie in which Member States admit granting aid and also confirm that such aid was incompatible with internal market rules, are rare occasions. In the exceptional cases where Member States may have opposing interests to those of an entity, it is particularly important for the Commission to give the entity the opportunity to submit meaningful comments to defend its rights.


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

Marek Rzotkiewicz

European State Aid Law Quarterly, Jahrgang 12 (2013), Ausgabe 3, Seite 464 - 477

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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