La responsabilidad patrimonial del Estado-Legislador por la recuperación de las ayudas de estado declaradas ilegales e incompatibles con el Derecho de la Unión Europea
The development of a procedure within the national legal order to bring a good ending the order issued by the European Union to recover State aid declared illegal and incompatible with the supranational law, it has a number of shortcomings that can generate a lot of inconveniences at the moment of i...
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| Format: | article |
| Publication Date: | 2017 |
| Country: | España |
| Institution: | Universidad de Castilla-La Mancha |
| Repository: | RUIdeRA. Repositorio Institucional de la UCLM |
| OAI Identifier: | oai:ruidera.uclm.es:10578/42633 |
| Online Access: | https://dialnet.unirioja.es/servlet/articulo?codigo=6046808 https://hdl.handle.net/10578/42633 |
| Access Level: | Open access |
| Keyword: | Breach of European Union Law Recovery of State aids Recuperación de ayudas de Estado Responsabilidad patrimonial del Estado-Legislador State-Legislator’s liability Taxes Tributos Vulneración del Derecho de la Unión Europea |
| Summary: | The development of a procedure within the national legal order to bring a good ending the order issued by the European Union to recover State aid declared illegal and incompatible with the supranational law, it has a number of shortcomings that can generate a lot of inconveniences at the moment of its accomplished. Precisely in this work, it is carried out a study of one of those problems, the consequences of calculating the amount of recovery without takes into account certain expenses, damages, taxes or other benefits that recipients had to bear on the occasion of the acceptance, dismantle and specially related to recovery of State aid declared illegality and incompatible with the European Union law, moreover because recipients have received the aid under principles such as legitimate expectations and legal certain which are protected by national law. This issue can generate that the objective of maintaining the balance of the European market could found again altered, thus opening the door to those affected by the State Aid recovery, in order to they can get an indemnity for damages through the procedure of State-Legislators Liability enshrined In article 32.3 of Law 40/2015, if recovery is made in the absence of measures that would attenuate those harmful consequences. |
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