Who is “Interested Party” that Can Challenge a Commission Decision and when Must the Commission Open the Formal Investigation Procedure
Introduction On 5 September 2024, the Court of Justice of the EU [CJEU] delivered two […]
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National Court May Order Recovery of Illegal Aid that Is Considered Existing Aid
Introduction The European Commission is required by Regulation 2015/1589 to order recover of State aid […]
Selectivity
Introduction On 14 December 2023, the Court of Justice, in its judgment in joined cases […]
Regulatory Measures Are not State aid & Trade Unions Are not “Interested Party”
Introduction This article reviews two recent judgments dealing with the concept of state resources and […]
Compensation for Damage
Introduction On 9 November 2022, the General Court followed its previous judgments in cases concerning […]
Public Authorities Acting as Private Investors
It is a well-established principle in the case law that when a public authority acts […]
The Standard of Proof in State Aid Complaints and the “Informational Disadvantage” of Complainants
The Commission must use its investigative powers to seek clarification from Member States in order […]
Member States Must Recover of their Own Initiative Illegally Granted Aid
Aid granted illegal must be recovered by the granting authority without any need for a […]
Illegal Aid Cannot be Regularised a Posteriori
A Commission decision finding non-notified aid to be compatible with the internal market cannot remedy […]
An Unusual Case of a “Self Notification” of State Aid by an Aid Beneficiary
Aid beneficiaries may not “notify” State aid to the Commission. Only Member States may notify […]