Judgment_paragraph 111 · H.J. Banks & Co. Ltd v The Coal Authority and Secretary of State for Trade and Industry (C-390/98)

111In that respect, it should be remembered that, in its judgment in Case C-188/92 TWD Textilwerke Deggendorf v Germany [1994] ECR I-833, delivered in the context of the EC Treaty, the Court held that the beneficiary of an aid measure may not plead the invalidity of a Commission decision ordering a Member State to recover the aid paid to that beneficiary where the beneficiary failed to bring an action for the annulment of the Commission decision under Article 173 of the EC Treaty (now, after amendment, Article 230 EC) and could undoubtedly have done so. The Court held that to decide otherwise would in effect enable the beneficiary of the aid to circumvent the definitive nature which, under the principle of legal certainty, a decision must have once the time-limit for bringing an action laid down by Article 173 of the EC Treaty has expired (see also Case C-178/95 Wiljo v Belgian State [1997] ECR I-585, paragraph 21, and Case C-239/99 Nachi Europe v Hauptzollamt Krefeld [2001] ECR I-1197, paragraph 30).

H.J. Banks & Co. Ltd v The Coal Authority and Secretary of State for Trade and Industry (C-390/98)

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