||All England Reporter
|| All ER (D) 293 (Jul)
||Court of Justice of the European Communities (Third Chamber)
Judges Rosas (President of the Chamber), Puissochet, von Bahr, Lohmus and O'Caoimh (Rapporteur)
||21 July 2005
European community - State aids - Obligation of notification to Commission - Shipbuilding and ship conversion - Spanish measure providing for aid to shipbuilding and ship conversion industry in so far as Community legislation not providing for such aid - Whether obligation of notification applying - EC Treaty, arts 87, 88.
The Commission had to be given prior notification, pursuant to art88(3) EC of a scheme of aid to shipbuilding and ship conversion, such as that at issue in the instant case, which did not fall within the scope of Council Directive (EEC) 90-684, if it was established that the scheme was capable of itself of giving rise to the grant of state aid within the meaning of art87(1) EC. It was for the national court, in cases of infringement of art88(3) EC, to draw the necessary consequences, in accordance with national its law, with regard to both the validity of the acts giving effect to the aid and the recovery of financial support granted in disregard of that provision.
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