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04 October 2019
The European Commission recently published a new notice on the implementation of its decisions ordering the recovery of state aid (the recovery notice). The recovery notice is far more detailed than the 2007 notice which it replaces and reflects recent developments in European Commission practice, including by providing more detail on tax state aid cases. For example, the recovery notice provides new detailed guidance on issues including:
The draft recovery notice was subject to public consultation earlier in 2019. While the final recovery notice remained largely the same as the draft, there were calls for the draft guidance to be more explicit and to improve on the measures available to the commission when engaging with member states as part of a recovery process. More specific comments centred on:
For further information on this topic please contact Kate McKenna or Helen Kelly at Matheson by telephone (+353 1 232 2000) or email (firstname.lastname@example.org or email@example.com). The Matheson website can be accessed at www.matheson.com.
(1) For information on the EU Commission's recent study please see "EU Commission issues study on enforcement of state aid rules and decisions by national courts" and for information on Irish court rulings which elucidate the role of national courts in state aid cases please see "Recent rulings on state aid".
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