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4th May 2020
Competition & State Aid

Analysis: “Case C-627/18 and the burden on the aid beneficiary to make the deterrence from granting illegal State aid work” by Anna Nowak-Salles

It was predictable that application of a national limitation period shorter than the ten-year period for recovery of State aid would undermine the principle of effectiveness. Still, the Court of Justice’s judgment in Nelson Antunes (C-627/18) is the necessary corollary of the peculiarity of EU State aid law, where the sanction is borne not by the State that grants illegal aid, but by the undertaking that receives it.

Between 1994 and 1996, Nelson Antunes received 7,526 EUR under a credit line for the recovery of agricultural and breeding livestock activities on the basis of the Portuguese Decree-Law 146/94. In 1999, the Commission concluded that the credit line was incompatible and illegal aid and charged Portugal with the recover

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