ECJ (Judgment) State aid – Examination by the Commission – Establishment of a framework on aid in an economic sector – Commission decision prolonging, with retroactive effect, the validity of the Community framework on State aid in an economic sector after its expiry – Obligation to obtain the agreement of the Member States
(EC Treaty, Art. 93(1))
In order to prolong, with retroactive effect to the date of its expiry, the Community framework on State aid to the motor vehicle industry, adopted on the basis of Article 93(1) of the Treaty, the Commission is required to obtain the agreement of the Member States.
Without any prolongation, the framework ceases to exist on the date on which it is set to expire, so that a decision to prolong it, adopted after expiry of the period of validity of the decision which it prolongs constitutes a modification of the existing legal situation and must be adopted according to the same procedure as that required for the adoption of the decision which established the original framework or of a decision making modifications to it.
Citations:
C-292/95, [1997] EUECJ C-292/95
Links:
European
Updated: 03 June 2022; Ref: scu.161673