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C-188/92 TWD Textilwerke

[1994] ECR I-833

Case summary last updated at 13/02/2020 20:20 by the Oxbridge Notes in-house law team.

Judgement for the case C-188/92 TWD Textilwerke

Commission decided that aid given by German government to a company was incompatible with free market, and the aid therefore had to be paid. The decision was addressed to German government, who told TWD that it could challenge the decision under art 230. Instead the company decided to challenge the act under art 234 and the question was referred to ECJ. ECJ held that no indirect challenge in this way was possible because the company was able to challenge the decision under art 230 and had been informed of this, and had simply failed to do so in the specified time limit. It was ‘obvious’ that P would have had standing to make a claim under art.230

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