Gli aiuti pubblici alle imprese: circostanze eccezionali che giustificano la limitazione da parte dei giudici nazionali dell'obbligo di restituzione dell'aiuto incompatibile

[Autom. eng. transl.] The publication deals with highlighting the role of the national judge in the procedure of recovery of an illegitimate State aid. The relevant Community case law provides that the full reimbursement of unlawful state aid must, in principle, be imposed by the national court; he must order the recovery simply if the measure has not been notified, that is in the case in which the aid is illegal and does not enter the examination of the compatibility of the measure with art. 107, nos. 2 and 3 of the Treaty on the Functioning of the European Union (TFEU). The evaluation concerning the compatibility of the measure is, in fact, the exclusive task of the European Commission which, with the exception of exceptions, orders recovery only after having checked and denied the compatibility of the measure. However, the Community courts have stated that the obligation of recovery of national courts is not absolute, by virtue of the fact that exceptional circumstances occur.