Pomoc publiczna — granice kompetencji państw członkowskich do wspierania przedsiębiorców ze środków publicznych
State Aid — The Limits of the Competence of Member States to Support Entrepreneurs from Public Funds

Summary/Abstract: The article is devoted to the analysis of the legal situation of the beneficiary of aid that is unlawful and incompatible with the internal market in the context of the obligation to repay such aid. The provisions of EU law regulating these issues are interpreted strictly by the EU institutions, which makes it difficult to use the protection measures existing under EU law. Such an interpretation results from the need to ensure the effectiveness of EU law. However, its price is the limitation of the legal protection of an enterprise that has received public aid that is unlawful and incompatible with the EU internal market as a result of an unlawful action by a national public authority. The requirement for the entrepreneur to assess on his own whether the measure constitutes aid, despite the fact that such assessment and correct application of EU law is the responsibility of the competent national and EU authorities, leads to shifting financial liability to him for the errors of the national authorities granting the aid.

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