Judgment — ECLI:EU:C:2015:691
Date: 2015-10-15
Language of the case: Spanish
Court formation: Sixth Chamber
Subject matter: State aids;Competition
Procedure: Reference for a preliminary ruling
Origin: Spain

Summary — Judgment of the Court (Sixth Chamber), 15 October 2015 1. Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — Examination of the compatibility of national law with EU law — Not included — Providing the national court with full guidance on the interpretation of EU law — Included (Art. 267 TFEU) 2. State aid — Respective powers of the Commission and the national courts — Role of the national courts — Safeguarding the rights of persons subject to EU law where a plan to grant aid is put into effect before the Commission has given a decision —Obligation of the national courts to draw the appropriate conclusions from that infringement in accordance with national law (Art. 108(3) TFEU; Regulation No 659/1999, Art. 7(3)) 3. State aid — Commission decision finding a national measure compatible with the internal market subject to certain conditions — Obligation of the Member States to ensure compliance with commitments included in the authorisation (Art. 108(1) and (3) TFEU; Regulation No 659/1999, Art. 7(3)) 4. State aid — Commission decision finding a national measure compatible with the internal market subject to certain conditions — Obligation of the Member States to ensure compliance with those conditions — Compensation payable to an employee in a collective redundancy within the scope of that decision, which is higher than the statutory minimum — Lawfulness (Art. 108(3) TFEU; Regulation No 659/1999, Arts 7(3) and 25) 1. See the text of the decision. (see paras 21, 22) 2. See the text of the decision. (see paras 25, 26) 3. When the Commission, on conclusion of its investigation pursuant to Article 108(1) and (3) TFEU of a State aid scheme, adopts a positive decision as referred to in Article 7(3) of Regulation No 659/1999 laying down detailed rules for the application of Article [108 TFEU], it is then apparent that the objective of putting into effect only plans to grant aid which are compatible with the internal market has been safeguarded and that the aid concerned may be put into effect. However, that authorisation to put the aid into effect is valid only to the extent that proper regard is had to all the matters which the Commission has taken into consideration in its assessment of the compatibility of the measure concerned. In particular, where the notified measure incorporates, upon a proposal from the Member State concerned, commitments to which that State has agreed, those commitments must be held also to form an integral part of the measure that has been authorised. The Member State which is the addressee of the decision must make sure that it will be able to fulfil the commitments included in the authorisation. In that respect, it is responsible, inter alia, for satisfying itself that those commitments are consistent with its national law and for determining, if need be, whether it is appropriate to initiate, in accordance with its constitutional procedures, a process for amending that law. (see paras 25, 27-29) 4. A Commission decision concerning aid granted by the authorities of a Member State for the restructuring and recapitalisation of a financial group, and Articles 107 TFEU and 108 TFEU, which form the basis for that decision, do not preclude the application, in proceedings relating to a collective redundancy that is within the scope of that decision, of national legislation under which the compensation payable to an employee whose dismissal is held to be unfair is set at an amount higher than the legal minimum, where, on the one hand, the commitments given in that regard by the Member State concerned must be implemented within the framework of national law and, on the other, a degree of flexibility is permitted in their implementation. (see paras 31, 34, operative part)