Judgment_paragraph 125 · Banco Privado Português, SA and Massa Insolvente do Banco Privado Português, SA v European Commission (T-487/11)

125This principle protects any individual in a situation in which an EU institution, body or agency, by giving that person precise assurances, has led him to entertain well-founded expectations. Such assurances, in whatever form they are given, constitute precise, unconditional and consistent information (see, to that effect, Case C-537/08 P Kahla Thüringen Porzellan v Commission [2010] ECR I-12917, paragraph 63, and Joined Cases C‑630/11 P to C‑633/11 P HGA and Others v Commission [2013] ECR, paragraph 132). Furthermore, in view of the mandatory nature of the review of State aid by the Commission, 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 108 TFEU and a diligent business operator should normally be able to determine whether that procedure has been followed. In particular, where aid is implemented without prior notification to the Commission, with the result that it is unlawful under Article 108(3) TFEU, the recipient of the aid cannot have at that time a legitimate expectation that its grant is lawful (see, to that effect, Case C‑81/10 P France Télécom v Commission [2011] ECR, paragraph 59 and the case-law cited).

Banco Privado Português, SA and Massa Insolvente do Banco Privado Português, SA v European Commission (T-487/11)

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