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2013-11 E.C.R. 1 (2013)

handle is hein.intyb/rcbjcofi0353 and id is 1 raw text is: ZCVRLA Reports of Cases Case C-111/10 European Commission V Council of the European Union (Action for annulment - State aid - Article 108(1) and (2) TFEU - Aid granted by the Republic of Lithuania for the purchase of agricultural land - Competence of the Council of the European Union - Existing aid scheme - Appropriate measures - Two indissolubly connected aid schemes - Change of circumstances - Exceptional circumstances - Economic crisis - Manifest error of assessment - Principle of proportionality) Summary - Judgment of the Court (Grand Chamber), 4 December 2013 1. State aid - Power of the Council to authorise aid by way of derogation in the light of exceptional circumstances - Conditions of exercise - Referral to the Council by the Member State concerned before the occurrence of the Commission decision declaring the aid incompatible with the common market and decision taken within a period of three months - Limit - Thwarting an earlier Commission decision (Art. 108(2) TFEU) 2. State aid - Power of the Council to authorise aid by way of derogation in the light of exceptional circumstances - Conditions of exercise - Aid indissolubly linked to aid already found by the Commission to be incompatible with the internal market - Observance of the principle of legal certainty - Limits - Substantial change in economic and financial circumstances (Arts 107 TFEU, 108 TFEU and 109 TFEU) 3. Action for annulment - Pleas in law - Misuse of powers - Concept (Art. 263 TFEU) 4. Agriculture - Competition rules - Aid Authorisation of aid by way of derogation by the Council - judicial review - Limits Council decision authorising aid granted by the Lithuanian State in the light of the purchase of agricultural land belonging to it following an economic and financial crisis - No manifest error of assessment (Art. 108(2), third para., TFEU) 5. State aid - Power of the Council to authorise aid by way of derogation in the light of exceptional circumstances - Conditions of exercise - Breach of principle of proportionality - None - Elements to be taken into consideration (Art. 108(2) third para., TFEU) ECLJ:EU:C:2013:7851 1

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