Source: All England Reporter
Publisher Citation: [2002] All ER (D) 28 (Jul)
Court: Court of Justice of the European Communities (Sixth Chamber)
Judge:

Judges Maken (President of the Chamber), Puissochet (Rapporteur), Schintgen, Skouris and Cunha Rodrigues

Judgment Dates: 2 July 2002

Catchwords

European Community - Rules on state aid - Aid granted in form of non-repayable subsidies and non-payment of financial and fiscal obligations - Commission decision holding that aid incompatible with common market, requiring Spain to take steps to recover aid and requiring that Spain inform it of any steps taken to recover aid - Spain failing to recover aid - Whether Spain fulfilling obligations under Treaty and under decisions - Commission Decision (EEC) 91/1 - Commission Decision 1999/509 - Article 249 EC (formerly EC Treaty, art 189).

The Case

The Court of Justice of the European Communities declared that Spain had failed to fulfil its obligations under art249EC (formerly EC Treaty, art189) and under Commission Decision (EEC) 91-1 and Commission Decision 1999-509 by having failed to take steps to recover aid granted to the companies making up the Magefesa group and by failing to inform the Commission of the European Communities of any steps taken to recover that aid.

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