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Case C-212/19: Judgment of the Court (Second Chamber) of 17 September 2020 (request for a preliminary ruling from the Conseil d’État — France) — Ministre de l’Agriculture et de l’Alimentation v Compagnie des pêches de Saint-Malo (Reference for a preliminary ruling — State aid — Concept — Wreck of the oil tanker Erika — Aid scheme for aquaculture and fisheries undertakings — Decision declaring the aid scheme partly incompatible with the common market and ordering the recovery of the aid paid out — Assessment of validity — Examination of the Court’s own motion — Admissibility — Failure to bring an action for annulment by the defendant in the main proceedings — Reduction in social security contributions — Employees’ contributions — Advantage — Question of who is liable for repayment)

ECLI:EU:UNKNOWN:62019CA0212

62019CA0212

September 17, 2020
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Official Journal of the European Union

C 423/7

(Case C-212/19) (*)

(Reference for a preliminary ruling - State aid - Concept - Wreck of the oil tanker Erika - Aid scheme for aquaculture and fisheries undertakings - Decision declaring the aid scheme partly incompatible with the common market and ordering the recovery of the aid paid out - Assessment of validity - Examination of the Court’s own motion - Admissibility - Failure to bring an action for annulment by the defendant in the main proceedings - Reduction in social security contributions - Employees’ contributions - Advantage - Question of who is liable for repayment)

(2020/C 423/09)

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Ministre de l’Agriculture et de l’Alimentation

Defendant: Compagnie des pêches de Saint-Malo

Operative part of the judgment

Commission Decision 2005/239/EC of 14 July 2004 concerning certain aid measures applied by France to assist fish farmers and fishermen is invalid in so far as it classifies the reduction in employees’ contributions granted by the French Republic to fishermen for the period from 15 April to 15 October 2000 as State aid incompatible with the common market.

(*)

Language of the case: French.

* * *

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