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State Aid Beneficiaries and Judicial Review

Dates:
  • Wed 21 Nov 2018 11.00 - 13.00
  Add to Calendar 2018-11-21 11:00 2018-11-21 13:00 Europe/Paris State Aid Beneficiaries and Judicial Review

In her paper, Lyndsey investigates two procedures for the State aid beneficiary to challenge the validity of a Commission decision, namely the action for annulment and the preliminary ruling procedure. The action for annulment is a direct action to challenge the validity of a Commission decision. However, the procedure is often met with criticism due to the strict admissibility requirements of Article 263(4) TFEU. The preliminary ruling procedure is an indirect action where the national court can ask the CJEU a question concerning the validity of a Commission decision. The application of Article 267 TFEU is also not unlimited following the case law. This paper aims to identify the possibilities and limitations for the State aid beneficiary to challenge a Commission decision, and, whether the admissibility requirements hinder the access to justice as an element of effective judicial protection. Lyndsey Thomsin is a PhD candidate at the Utrecht School of Law and researcher at the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE), Utrecht University, the Netherlands. She holds a master’s degree in Dutch law and European Union law from Tilburg University, the Netherlands. Lyndsey previously worked for a consulting firm (the Hague) and law firm (Brussels), specialising in EU law, competition law, and health law. Under the supervision of Prof. Dr. Laura Parret and Prof. Dr. Linda Senden, she focusses on the position of State aid beneficiaries in the Commission enforcement procedure. Her research aims to explain and evaluate the procedural position of State aid beneficiaries in the Commission enforcement procedure from the perspective of effective enforcement and effective judicial protection. The Competition Law Working Group is a forum where EUI members and external researchers working on antitrust law and economics issues present and discuss their research and interact with other scholars. All interested fellows, Ph.D. researchers, professors and visiting academics are invited to participate.

Sala dei Levrieri - Villa Salviati- Castle DD/MM/YYYY
  Sala dei Levrieri - Villa Salviati- Castle

In her paper, Lyndsey investigates two procedures for the State aid beneficiary to challenge the validity of a Commission decision, namely the action for annulment and the preliminary ruling procedure. The action for annulment is a direct action to challenge the validity of a Commission decision. However, the procedure is often met with criticism due to the strict admissibility requirements of Article 263(4) TFEU. The preliminary ruling procedure is an indirect action where the national court can ask the CJEU a question concerning the validity of a Commission decision. The application of Article 267 TFEU is also not unlimited following the case law. This paper aims to identify the possibilities and limitations for the State aid beneficiary to challenge a Commission decision, and, whether the admissibility requirements hinder the access to justice as an element of effective judicial protection. Lyndsey Thomsin is a PhD candidate at the Utrecht School of Law and researcher at the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE), Utrecht University, the Netherlands. She holds a master’s degree in Dutch law and European Union law from Tilburg University, the Netherlands. Lyndsey previously worked for a consulting firm (the Hague) and law firm (Brussels), specialising in EU law, competition law, and health law. Under the supervision of Prof. Dr. Laura Parret and Prof. Dr. Linda Senden, she focusses on the position of State aid beneficiaries in the Commission enforcement procedure. Her research aims to explain and evaluate the procedural position of State aid beneficiaries in the Commission enforcement procedure from the perspective of effective enforcement and effective judicial protection. The Competition Law Working Group is a forum where EUI members and external researchers working on antitrust law and economics issues present and discuss their research and interact with other scholars. All interested fellows, Ph.D. researchers, professors and visiting academics are invited to participate.


Location:
Sala dei Levrieri - Villa Salviati- Castle

Affiliation:
Department of Law

Type:
Working group

Organiser:
Working Group Competition Law

Contact:
Matteo Passigli - Send a mail

Speaker:
Lyndsey Thomsin (Univeristy of Utrecht)

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