Judgment_paragraph 37 · Commission of the European Communities v Kingdom of Spain (C-499/99)

37Given the position of the companies benefiting from the aid, the only way of implementing Decision 1999/509 was to try to have them wound up by the court so that the tax authorities and the managing body for social security contributions could enforce their claims against the assets, if there were any, and if the ranking of their claims permitted. The absence of recoverable assets is, in such circumstances, the only way for the Spanish Government to show the absolute impossibility of recovering the aid.

Commission of the European Communities v Kingdom of Spain (C-499/99)

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