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|Title: ||United Textiles: is there a Possibility to Relaunch the Activities of Insolvent Aid Beneficiaries in State Aid Recovery Proceedings? (Annotation on the Judgment of the Court of Justice of the European Union (First Chamber) of 17 January 2018 in Case C-363/16 European Commission v Greece)|
|Authors: ||Leroy, Julie|
De Cock, Wout
|Issue Date: ||2018|
|Citation: ||European state aid law quarterly, 2018(2), p. 298-304|
|Abstract: ||It is well established that the financial situation of an (insolvent) aid beneficiary does not
lead, in principle, to an absolute impossibility to recover unlawful and incompatible State
aid. In the annotated case, a Member State argued that it should be entitled to suspend the
insolvency proceedings in order to examine the possible relaunch of the insolvent beneficiary’s
activities. In this annotation, we discuss the findings of the European Court of Justice
with regard to this question and argue that the Court’s findings remain vague and unclear.
Furthermore, we discuss the relevant date to assess the failure to recover aid from an insolvent
beneficiary and the duty of loyal cooperation between Member States and the Commission.
In general, it is argued that the judgment is, in contrast to (parts of) the Opinion of the
Advocate General, a mere confirmation of former case law and somewhat disappointing.|
|Type: ||Journal Contribution|
|Appears in Collections: ||Research publications|
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