Commission of the European Communities v Federal Republic of Germany.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Rodríguez Iglesias
• ECLI: ECLI:EU:C:1989:46
• Docket Number: 94/87
• Date: 02 February 1989
• Procedure Type: Recurso por incumplimiento – fundado

Avis juridique important

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61987J0094

Judgment of the Court of 2 February 1989. - Commission of the European Communities v Federal Republic of Germany. - State aid - Undertaking producing primary aluminium - Recovery. - Case 94/87.

European Court reports 1989 Page 00175

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

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1 . Application for a declaration that a Member State has failed to fulfil its obligations - Non-compliance with a Commission decision on State aid - Decision not challenged by way of an application for its annulment - Submissions in defence - Absolute impossibility of implementation - Admissibility

( EEC Treaty, first and second subparagraphs of Art . 93(2 ) )

2 . Aid granted by States - Commission decision finding an aid to be incompatible with the common market - Difficulties of implementation - Obligation on the part of the Commission and the Member State to cooperate in seeking a solution consistent with the Treaty

( EEC Treaty, Art . 5 and first subparagraph of Art . 93(2 ) )

3 . Aid granted by States - Recovery of illegal aid - Application of national law - Conditions and limits - Interests of the Community to be taken into consideration

( EEC Treaty, first subparagraph of Art . 93(2 ) )

Summary

1 . Where proceedings are brought against a Member State for failure to fulfil its obligations by not implementing a decision which was addressed to it under the first subparagraph of Article 93(2 ) requiring it to recover illegal aid and which it did not seek to have annulled, the only defence left to the Member State in those proceedings is to plead that it was absolutely impossible for it to implement the decision properly .

2 . If, in giving effect to a decision finding an aid to be incompatible with the common market and ordering its recovery, a Member State encounters unforeseen and unforeseeable difficulties or perceives consequences overlooked by the Commission, it may submit these problems for consideration by the Commission, together with proposals for suitable amendments to the decision in question . In such a case the Commission and the Member State must in accordance with the principle underlying Article 5 of the Treaty, which imposes a duty of genuine cooperation on the Member States and Community institutions, work together in good faith with a view to overcoming the difficulties whilst fully observing the Treaty provisions, and in particular the provisions on aid .

3 . In so far as the procedure laid down by national law is applicable to the recovery of an illegal aid, the relevant provisions of national law must be applied in such a way that the recovery required...