Article 263(4) TFEU and the impossibility of challenging recovery decisions in state aid: annotation on the judgments of the general court of 15 September 2016 in T-219/13 Pietro Ferracci v European Commission and T-220/13 Scuola Elementare Maria Montessori v European Commission

Szyszczak, Erika (2016) Article 263(4) TFEU and the impossibility of challenging recovery decisions in state aid: annotation on the judgments of the general court of 15 September 2016 in T-219/13 Pietro Ferracci v European Commission and T-220/13 Scuola Elementare Maria Montessori v European Commission. European State Aid Law Quarterly, 15 (4). pp. 637-641. ISSN 1619-5272

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Abstract

The Ferracci and Montessori judgments of the General Court of 15 September 2016 were challenges brought against a Commission Decision scrutinising Italian municipal tax rules allowing tax exemptions for non-commercial bodies. The cases raise issues of when third party standing is allowed under Article 264(4) TFEU, the standard of review of European Commission Decisions, the concept of economic and non-economic activity and when the European Commission may decide that it is impossible for a Member State to recover illegal State aid.

Item Type: Article
Keywords: Economic and Non-Economic Activity; Access to Justice; Standing before the General Court; Impossibility of Recovery of State Aid.
Schools and Departments: School of Law, Politics and Sociology > Law
Research Centres and Groups: Sussex European Institute
Subjects: K Law > KJ Europe
Depositing User: Erika Szyszczak
Date Deposited: 18 Jan 2017 11:40
Last Modified: 05 Sep 2017 16:22
URI: http://sro.sussex.ac.uk/id/eprint/66331

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