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

Competition

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.

 

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on 28
April 2020. In case this time limit needs to be extended, you will be
informed in due course.

 

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Yours faithfully,

 

 

 

[1]cid:image001.png@01D2AE41.EADC5060

 

Access to Documents team

DG Competition-European Commission

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

 

 

 

 

-----Original Message-----
From: Terry King [mailto:[FOI #7818 email]]
Sent: Tuesday, March 31, 2020 6:14 PM
To: COMP ACCESS TO DOCUMENTS
Subject: access to documents request - Obligations arising from C-349/17,
Eesti Pagar on the European Commission and Member States

 

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

 

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This is a request for access to information under Article 15 of the TFEU
and, where applicable, Regulation 1049/2001 which has been sent via the
AsktheEU.org website.

 

Please kindly use this email address for all replies to this request:
[FOI #7818 email]

 

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Please note that in some cases publication of requests and responses will
be delayed.

 

 

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References

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Competition

5 Attachments

Dear Sir,

 

Please find attached doc.  2020/046302.  

 

Best Regards,  

 

 

[1]cid:image001.png@01CDA13B.FB7873D0

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

 

References

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

Dear Competition,

Marvellous. Thank you.

Yours faithfully,

Terry King