Obligations arising from C-349/17, Eesti Pagar on the European Commission and Member States

The request was successful.

Dear Sirs,

This request is made on the basis of Regulation 1049/2001.

In C-349/17, Eesti Pagar the European Court of Justice confirmed that Member States are under a legal duty to recover unlawful State aid on their own initiative, rather than wait for this to be the subject of an investigation or ruling by DG Competition.

I’m interested in whether this has been appreciated and acted upon properly.

1. Please provide any formal communication between DG Competition and DG Regio on the application of this case, including in respect of the Structural and Cohesion funds. I note after the Leipzig Halle case a useful “Note to DG Regio: Application of State aid rules to infrastructure investment projects“ was published.

2. Please provide any communication sent to all officials within DG Competition about the impact of this case.

3. Please provide any communications sent to the Member State coordination bodies about the application of the case. In particular I am interested to know whether Member States have been told they are obliged to consider market information shared by the European Commission in light of this case.

4. Please provide any information on the number of additional recoveries undertaken by Member States as a result of the case (if held)

Yours faithfully,

Terry King
109 The Square, Hartland, EX39 6BL


1 Attachment


Dear Sir ,


Thank you for your e-mail of 31 March 2020. We hereby acknowledge receipt
of your application for access to documents, which was registered on 03
April 2020 under reference number GESTDEM 2020/1950.


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European Parliament, Council and Commission documents, your application
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Yours faithfully,






Access to Documents team

DG Competition-European Commission

MADOU-12-85      B-1049 Brussels/Belgium
email: [2][email address]





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5 Attachments

Dear Sir,


Please find attached doc.  2020/046302.  


Best Regards,  




State Aid Registry
European Commission
DG Competition

MADOU Office 12/59

B-1049 Brussels/Belgium
Tel: +32 2 29 61154

Fax: +32 2 29 61242
E-mail: [2][email address]
DG Competition website: [3]http://ec.europa.eu/competition



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2. mailto:[email address]
3. http://ec.europa.eu/competition

Dear Competition,

Marvellous. Thank you.

Yours faithfully,

Terry King