11/7/2022 0 Comments Apk camerafi liveAlthough immediate recovery of the full amount would result in the undertaking becoming bankrupt a circumstance which, in accordance with the case-law of the Court with which France is familiar, does not justify refraining from recovering the aid France had not relied on this against the Commission.ġ2. France contends that it endeavoured, in cooperation with the undertaking concerned, to find a way to recover the aid. France states that it is aware of its obligation to recover the aid but has so far not been in a position to fulfil that obligation.ġ1. There was also no evidence that France had taken any steps whatever to recover the aid.ġ0. It is also claimed that France had failed to fulfil its obligation to cooperate with the Commission in good faith, since the French authorities had not replied to the Commission's reminder nor had they drawn attention in any other way to possible obstacles to the recovery of the aid or suggested alternative measures for implementing the decision. There is no reason to suppose that that obtains in the present case.ĩ. The Court has consistently held that the only defence available to a Member State in opposing the obligation to recover aid is to plead that recovery was absolutely impossible. Consequently, France is obliged to comply with the decision.Ĩ. The Commission points out that the action for annulment does not have suspensory effect and that France did not make any application for interim measures in Case C-17/99. Pleas in law and arguments of the partiesħ. Order the French Republic to pay the costs. The Commission of the European Communities claims that the Court should:ĭeclare that, by failing to adopt within the prescribed time-limit the measures necessary in order to recover from Nouvelle Filature Lainière de Roubaix, the recipient thereof, the aid declared to be illegal and incompatible with the common market by the decision of the Commission of 4 November 1998, which was notified on 17 November 1998, the French Republic has failed to fulfil its obligations under the fourth paragraph of Article 189 of the EC Treaty (now the fourth paragraph of Article 249 EC) and Articles 4 and 5 of that decision Since the Commission did not receive a reply to that letter, it brought the present action on 13 July 1999.Ħ. On 3 February 1999 the Commission wrote to the French authorities reminding them to inform it that the decision had been implemented, otherwise the matter would be referred to the Court of Justice under Article 93(2) of the EC Treaty (now Article 88(2) EC). For further details of the facts, reference is made to the Opinion delivered in that case.ĥ. Subsequently, France brought an action for annulment of that decision lodged on 26 January 1999. (3) France shall without delay abolish the aid referred to in Article 3 by applying normal market conditions corresponding at least to the reference rate of 8.28% applicable at the time the loan was granted.įrance shall inform the Commission within two months of the date of notification of this Decision of the measures it has taken to comply with it.Ĥ. The interest shall be calculated on the basis of the reference rate used to calculate the net grant equivalent of regional aid. The amounts to be repaid shall bear interest from the date on which the aid was paid to the recipient until the date on which it is effectively recovered. (2) Repayment shall be made in accordance with the procedures and provisions of French law. (1) France shall take all necessary measures to recover from the recipient, Nouvelle Filature Lainière de Roubaix, the aid referred to in Article 2 which has already been illegally paid. On 4 November 1998 the Commission adopted the decision on aid granted by France to Nouvelle Filature Lainière de Roubaix. In the present application for a declaration that a Member State has failed to fulfil its obligations, the Commission claims that France has failed to implement a decision concerning the recovery of aid.Ģ.
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