Keywords
Summary

Keywords

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AIDS GRANTED BY STATES - COMMISSION DECISION DECLARING AN AID INCOMPATIBLE WITH THE COMMON MARKET - DECISION GIVEN AFTER UNJUSTIFIABLE DELAY - BREACH VIS-A-VIS THE BENEFICIARIES OF THE AID OF THE PRINCIPLE OF LEGITIMATE EXPECTATION

( EEC TREATY, ART . 93 )

Summary

WHERE, IN THE CASE OF A STATE AID WHICH IS INTENDED TO MEET THE ADDITIONAL COSTS OF AN OPERATION PREVIOUSLY THE SUBJECT OF AN AUTHORIZED AID AND THE EXAMINATION OF WHICH DID NOT CALL FOR DEEP RESEARCH, THE COMMISSION DID NOT TAKE A DECISION DECLARING THE SAID AID TO BE INCOMPATIBLE WITH THE COMMON MARKET AND ORDERING ITS CANCELLATION UNTIL 26 MONTHS AFTER ITS NOTIFICATION, THAT DELAY IS ONE WHICH COULD ESTABLISH ON THE PART OF THE BENEFICIARY OF THE AID A LEGITIMATE EXPECTATION OF SUCH A NATURE AS TO PREVENT THE COMMISSION FROM ORDERING THE NATIONAL AUTHORITIES TO ORDER THE REFUND OF THE AID .