124However, in the light of the circumstances of the present case, the Commission was not required to determine in the contested decision to what extent each undertaking had benefited from the amount of DEM 22978000, but could merely instruct the German authorities to recover that aid from the beneficiary or beneficiaries thereof, that is, from the undertaking or undertakings which had had actual use thereof. It was thus for the Federal Republic of Germany, pursuant to its Community obligations, to proceed to recover the amount in question. If a Member State encounters unforeseen difficulties in implementing an order for recovery, it can submit those problems for consideration by the Commission. In such a case the Commission and the Member State concerned must, in accordance with the duty of genuine cooperation, as expressed inter alia in Article 10 EC, work together in good faith with a view to overcoming the difficulties whilst fully observing the Treaty provisions, in particular the provisions on aid (see inter alia Case C-303/88 Italy v Commission [1991] ECR I-1433, paragraph 58, and Case C-382/99 Netherlands v Commission [2002] ECR I-5163, paragraph 50).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.