Дело T-***/**: *****************, Съдебно решение от **.**.2003 г.

Текст

Judgment of the Court of First Instance (Fifth Chamber, Extended Composition), 10 April 2003

Summary of the Judgment

1..

State aid – Administrative procedure – Regulation No 659/1999 – Limitation period for recovery of unlawful aid – Application to aid granted before the regulation entered into force

(Council Regulation No 659/1999, Art. 15)

2..

State aid – Administrative procedure – Excessive delay – Assessment in the light of the Commission's becoming aware of the aid

3..

State aid – Planned aid – Not notified by the Member State concerned – Legitimate expectation on the part of the local authority which granted the aid – None

(Arts 87 EC and 88 EC)

4..

State aid – Recovery of unlawful aid – Request for information addressed to a Member State concerning aid which may have been granted unlawfully – Effect – Interruption of the limitation period established by Article 15 of Regulation No 659/1999

(Council Regulation No 659/1999, Arts 2(2), 5 and (2), 10(2) and 15)

5..

State aid – Recovery of unlawful aid – Ten-year limitation period laid down in Article 15 of Regulation No 659/1999 – Application to both the Member State concerned and the beneficiary and third parties – Interruption of the limitation period by a request for information of which the beneficiary was unaware – Not relevant

(Art. 88(2) EC; Council Regulation No 659/1999, Art. 15)