C-74/89
ECLI:EU:C:1990:74
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Case C-74/89 (Summary publication)
Commission of the European Communities v Kingdom of Belgium (State aid — Recovery — Failure to implement)
Summary of the Judgment
Member States — Obligations — Failure to fulfil obligations —Justification — Not permissible (EEC Treaty, Art. 93(2), second subparagraph)
As the Court has consistently held, a internal legal system in order to justify a Member State may not plead provisions, failure to comply with its obligations under practices or circumstances existing in its Community law.
OPINION OF T H E ADVOCATE GENERAL
Mr Advocate General Lenz delivered his Opinion on 14 February 1990. * He proposed that the Court should:
(i) declare that by not recovering within the prescribed period the aid in the sum of BFR 725 million granted to a synthetic fibre producer, thereby failing to comply with the Commission Decision of 30 November 1983 on the proposal of the Belgian Government to grant aid to a synthetic fibre producer, the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty;
(ii) order the Kingdom of Belgium to pay the costs.
* Original language: German.
I-491