Judgment_paragraph 11 · Oleificio Borelli SpA v Commission of the European Communities (C-97/91)

11That is so where the competent national authority issues an unfavourable opinion on an application for aid from the Fund. It follows from Article 13(3) of Regulation No 355/77 that a project may receive aid from the Fund only if it is approved by the Member State on whose territory it is to be carried out and that, consequently, where the opinion is unfavourable the Commission can neither follow the procedure for the examination of the project in accordance with the rules laid down in that regulation nor a fortiori review the lawfulness of the opinion thus issued.

Oleificio Borelli SpA v Commission of the European Communities (C-97/91)

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