PP982
Analítico de Periódico
BUONANNO, Maria Grazia
L’obbligo di recupero degli aiuti indiretti tra principio di effettività e principio di leale cooperazione : il caso Mediaset (III) dinanzi alla Corte di giustizia / Maria Grazia Buonanno
Il Diritto dell'Unione Europea, n.1 (2016), p.145-165
DIREITO COMUNITÁRIO, DIREITO DA CONCORRÊNCIA, AUXÍLIOS DO ESTADO
The article focuses on the analysis of the Mediaset decision of the Court of Justice issued on 13 February 2014, Case C-69/13, which further develops the debate on national courts’ discretion when required recovery of indirect State aids. In particular, addressing the first question by the referring court, the Court holds that, when executing a Commission’s decision declaring an aid scheme unlawful and incompatible with the internal market but not identifying the precise amounts to be recovered, the national court is not bound by the later statements of position adopted by that institution. Nonetheless, under the principle of cooperation in good faith laid down in Article 4 (3) TEU, the national court must take such later statements of position into account as a factor in the assessment of the dispute before it. Answering the second and third questions the Court also points out that, when the Commission’s decision has not determined the precise amounts to be repaid, the national court may as well conclude that the amount of aid to be repaid is equal to zero, without calling into question the validity of the Commission’s decision itself. The judgment provides a significant opportunity to reflect on the influence exerted by the Commission within the recovery of indirect State aids. The paper aims at providing an outlook of these aspects through an analysis of the bilateral dimension of the principle of sincere cooperation, it governing not only the procedural autonomy of the Member State in ensuring fulfilment of recovery of the aid, but also the diligent exercise of the Commission’s prerogatives with a view to facilitating the accomplishment of the recovery by the Member State.