Judgment_paragraph 45 · ISD Polska sp. z o.o. and Others v European Commission (C-369/09 P)

45In that regard, the General Court held, in paragraph 134 of the judgment under appeal, that such an expectation was not capable of being protected under the principle of the protection of legitimate expectations. The applicants were neither induced by a Community measure to take a decision which, subsequently, resulted in negative consequences for them, nor were they the beneficiaries of a favourable administrative measure of a Community institution which was revoked retroactively by that institution. Referring to Case C-24/95 Alcan Deutschland [1997] ECR I-1591, the Court pointed out, in paragraph 135 of the judgment under appeal, that undertakings to which aid has been granted may not, in principle, entertain a legitimate expectation that the aid is lawful unless it has been granted in compliance with the procedure laid down in Article 88 EC and that a diligent trader should normally be able to determine whether that procedure has been followed.

ISD Polska sp. z o.o. and Others v European Commission (C-369/09 P)

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