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The subsidy scheme for certain transport undertakings in Île-de-France has been found by the European Commission to be unlawful State aid but ultimately compatible with the Internal Market. Yet, breach of the obligation to notify, declared in the Commission's decision, have resulted in its repeal by national courts and with subsequent adoption of a recovery order of previously received subsidies. Which in turn has led to (unsuccessful) action for the annulment of the Commission's decision in an attempt to eliminate the original legal basis for recovery. The following issues were raised: grounds for classifying a measure as new aid; extent of the obligation to state reasons; the fulfilment of selectivity and advantage criteria.

european state aid law quarterly

Illegal Aid Grafted to Public Service Contracts · Case T-292/17 Région Île-de-France  · Annotation by Jakub Kociubiński Annotation on the Judgment of the General Court (First Chamber) of 12 July 2019 in Case T-292/17 Région Île-de-France v European Commission (Bus Services)