Opinion of the Advocate General — ECLI:EU:C:2005:229
Date: 2005-04-14
Language of the case: English
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: State aids;Competition
Procedure: Action for annulment;Appeal - unfounded
Origin: France

Summary of the Judgment State aid – Recovery of unlawful aid – Ten-year limitation period of Article 15 of Regulation No 659/1999 – Interruption of the limitation period – Need to inform the beneficiary of the aid of an interrupting action – None (Art. 88(2) EC; Council Regulation No 659/1999, Art. 15) Article 15(2) of Regulation No 659/1999, in accordance with which the limitation period to which the powers of the Commission to recover unlawful aid are subject is interrupted by any action taken by the Commission or by a Member State, acting at the request of the Commission, with regard to the unlawful aid, cannot mean, either having regard to its wording or its purpose, that a request for information addressed by the Commission to the Member State concerned constitutes ‘action taken by the Commission’ only provided it has been notified to the beneficiary of the aid. It is true that the beneficiary of the aid has a practical interest in being informed of action taken by the Commission which is capable of interrupting the limitation period, but that interest cannot have the effect of making the application of the provision cited above subject to the requirement that that action be notified to it. Even if the status of party could justify such a requirement, the procedure provided for in Article 88(2) EC takes place primarily between the Commission and the Member State concerned and is initiated against that State and not against the beneficiaries which, although they have certain procedural rights, do not have the status of a party to the procedure. (see paras 27-35)