The Belgian Government puts forward five pleas in support of its application for
annulment. By the first three, it challenges the validity of the contested decision
on the ground that, first, the Maribel bis/ter scheme is a general measure of
economic policy, and not an aid measure, second, it has no effect on intra-
Community trade and, third, in the event that it is considered to be State aid
within the meaning of Article 92(1) of the Treaty, it must qualify for the
derogation provided for in Article 92(3)(c) of the Treaty and must be declared
compatible with the common market. By its last two pleas, the Belgian
Government denies that it is under any obligation to recover the amounts of
social security contributions saved by way of aid under the Maribel bis/ter scheme
on the ground that recovery would be disproportionate and, moreover, would be
impossible to carry out.
The Belgian Government puts forward five pleas in support of its application for
annulment. By the first three, it challenges the validity of the contested decision
on the ground that, first, the Maribel bis/ter scheme is a general measure of
economic policy, and not an aid measure, second, it has no effect on intra-
Community trade and, third, in the event that it is considered to be State aid
within the meaning of Article 92(1) of the Treaty, it must qualify for the
derogation provided for in Article 92(3)(c) of the Treaty and must be declared
compatible with the common market. By its last two pleas, the Belgian
Government denies that it is under any obligation to recover the amounts of
social security contributions saved by way of aid under the Maribel bis/ter scheme
on the ground that recovery would be disproportionate and, moreover, would be
impossible to carry out.
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