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Within two months of receiving the required set of information and documents, the European Commission makes the final decision whether the proposed State aid is compatible with the common market. If the Commission has serious objections, the Member State may withdraw its aid scheme, correct and re-submit it. If doubts arise concerning the compliance of the proposed aid with the common market, the Commission initiates the so-called explanatory proceedings. It then publishes the gathered information in the Official Journal of European Communities. Other states and undertakings are then entitled to provide their remarks on the matter, which may or may not be taken into consideration when making the final decision in the case. A negative decision of the Commission may be appealed against to the European Court of Justice. In Poland the decision on whether to appeal to the ECJ is made by the Council of Ministers.
The European Commission controls State aid not only before it is granted but also keeps its implementation under review. If aid was granted against the principles of the common market or it is implemented inconsistently with its purpose, the Commission may order repayment of unlawful assistance with interest.
The President of the Office of Competition and Consumer Protection provided information about the decisions of the European Commission, both as regards the compliance of the proposed state aid with the common market and the repayment of unlawful aid.
Click here to learn more on the decisions of the European Commission.