Obligations arising from C-349/17, Eesti Pagar on the European Commission and Member States
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)
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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.
You have lodged your application via a private third-party website, which
has no link with any institution of the European Union. Therefore, the
European Commission cannot be held accountable for any technical issues or
problems linked to the use of this system.
Please note that the private third party running the Asktheeu website is
responsible and accountable for the processing of your personal data via
that website, and not the Commission. For further information on your
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usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
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Similarly, the third party publishes on that website any reply that the
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If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence. In that case, the Commission will send all future
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and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.
Access to Documents team
DG Competition-European Commission
MADOU-12-85 B-1049 Brussels/Belgium
email: [email address]
Please find attached doc. 2020/046302.
State Aid Registry
MADOU Office 12/59
Tel: +32 2 29 61154
Marvellous. Thank you.