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Business Articles Awards > General Antitrust

ECJ: Clarification on Withdrawing State Aid from Companies Deemed "Undertaking in Difficulty"

Philipp Werner, Jones Day Commentary, July 2017

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On July 6, 2017, the European Court of Justice ruled that a Member State could not request reimbursement of aid that had been granted to an undertaking in compliance with the General Block Exemption Regulation solely because that undertaking later became the subject of collective insolvency proceedings.

This ruling clarifies the concepts of "undertaking in difficulty" and "collective insolvency proceedings" and their interplay with the old General Block Exemption Regulation.

This judgment has important practical consequences for future cases under the new General Block Exemption Regulation.

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