In a ruling issued on October 14 last, the Supreme Court declared null and void the administrative procedures intended to require the recovery of the aid known as “fiscal holidays”, declared incompatible with the common market, on the grounds that the acting administration – in this case the Provincial Council of Araba-Álava – and issued the corresponding settlements directly, omitting the prior hearing procedure required under general principles of Community law.
For its part, the High Court of Justice of the Basque Country has ruled as lawful the action taken by the Provincial Council of Bizkaia for supplementary enforcement measures to recover the fiscal aid declared incompatible with the common market, to adapt it actions to the requirements of the Commission in the process ongoing at the Court of Justice concerning the non-fulfilment by the Basque authorities of the obligation to recover the said amounts, and thus avoid the imposition of multi-million euro fines.
