PROPOSED OUTLINE OF THE STUDY – TASK DESCRIPTION Sample Clauses

PROPOSED OUTLINE OF THE STUDY – TASK DESCRIPTION. The study should consist of a number of country reports, each of which should have the following structure: • Part I: A concise description of the national recovery procedures under administrative, civil and fiscal law - Description of the existing procedure(s) for the recovery of unlawful aid (with reference to the legal basis) - Identification of the national authorities entitled to recover unlawful aid under national legal system (with reference to the legal basis) - Description of the national recovery order(s) (type, legal basis, legal value, when it is issued, which obligations it impose on beneficiaries…) • Part II: Provisional measures available under administrative, civil and fiscal law - Description of the different types of provisional measures available (with reference to the relevant legal basis) and of the conditions required for the adoption of such provisional measures- Description of fast-track proceedings available (with reference to the legal basis)and conditions for applying them - References of relevant case-law • Part III: Availability of interim relief under administrative, civil and fiscal law - Description of administrative or interim relief available at national level in favour of beneficiaries having received a recovery order (with reference to the legal basis), of the conditions under which such relief is granted (in theory and in practice) and of the duration for which it can be granted; - Assessment of the above conditions (and their application in practice) in the light of the ECJ case law; - Description of other legal obstacles having the effect of interrupting the recovery procedure - References of relevant case-law • Part IV: Conditions for stays of proceedings under administrative, civil and fiscal law - Description of legal provisions defining the conditions according to which a national judge can stay proceedings. In particular, special attention should be given to the situation where an appeal against a Commission recovery decision is pending before European Courts. - Nature of the act by which a judge can stay proceedings. Description of the possibilities and conditions for challenging decisions by judges to stay proceedings. - Assessment of the above conditions (and their application in practice) in the light of the ECJ case-law.
Sample 1
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