How Unlawful State Aid is Recovered

Under state aid rules, the Commission has the duty to order member states to recover state aids that have been found incompatible with the Common Market and have been granted without prior notification to the Commission.

The member states are responsible for the implementation of the Commission's state aid recovery decisions. They must adopt all necessary measures to recover the aid from the beneficiaries without delay. The state aid rules provide that recovery is to be carried out in accordance with national procedures, provided that these procedures allow immediate and effective execution of the Commission’s recovery decisions.

The Commission has adopted a notice on the implementation of decisions ordering member states to recover unlawful and incompatible state aid. The notice provides guidance to member states on how to achieve a more immediate and effective execution of recovery decisions.