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High Court rules that the State is entitled to recover State aid given to airline pursuant to a decision of the European Commission, which concluded that a lower air travel tax constituted unlawful State aid, and that the State is entitled to recover the incompatible aid granted.
State aid - air travel tax - aviation – European law - State parties seek to recover State aid pursuant to a decision of the European Commission – Commission concluding that the lower air travel tax constituted unlawful State aid - chronology of events - recover the incompatible aid granted - State aid decision – examinership - set-off - plaintiffs maintain that any amount for which they are found liable under the State aid decision can be set off against the amount owing to them in relation to the illegal tax - clear from the reasoning of the Court of Justice that the illegality of the air travel tax for some other reason is not a defence to the plea of State aid - no such thing as equitable set-off without a cross-claim – settlement – cannot get around the Settlement Agreement that it has agreed with the State parties - after the settlement - witness statements - the scheme of arrangement - Order of Confirmation - commission notices - how the European Commission views State aid and recovery by member states of unlawful State aid - case-law and commentary - contingent creditors - legal certainty – State entitled to recover State aid.
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