7It concluded, in particular, that in such a case the Commission was not required to demonstrate the actual effect which that aid had had on competition and on trade between Member States, and that the Commission was entitled to order recovery of the aid without this being precluded by the principle of the protection of legitimate expectations. It also found that the failure to notify the Commission of the contested aid meant that the Spanish authorities could not rely on the ‘sufficient time’ principle formulated in the judgment in Case 120/73 Lorenz [1973] ECR 1471. The Court also observed that, as the aid was put into effect without notification of the Commission, the latter was not obliged to state reasons for its decision to order its recovery.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.