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Application of State aid rules by national courts

The missing piece for an effective enforcement?

Add to calendar 2023-10-20 14:30 2023-10-20 16:00 Europe/Rome Application of State aid rules by national courts Sala degli Stemmi Villa Salviati - Castle YYYY-MM-DD
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Scheduled dates

Oct 20 2023

14:30 - 16:00 CEST

Sala degli Stemmi, Villa Salviati - Castle

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The EUI Competition Law Working Group and the EU Law Working Group host their first joint event of the new academic year.
The European Commission exclusively handles State aid reviews, while national courts safeguard affected parties when Member States violate the "standstill obligation" under Article 108(3) TFEU. They address claims from parties harmed by unauthorised aid grants, especially competitors, by taking actions such as suspending aid, recovering it, or awarding damages. However, a 2019 Commission study on State aid rule enforcement by national courts found that only six cases (less than 1% of private enforcement cases) resulted in compensation for standstill obligation breaches. This study revealed that private enforcement in State aid is rare compared to antitrust cases, and cooperation tools between the Commission and national courts are underutilised. In response, the Commission issued a revised Notice on the Enforcement of State aid rules in 2021, emphasising the case law and cooperation tools available to both the Commission and National Judges. This presentation aims to stimulate discussions among national judges, practitioners, academics, and Commission officials regarding the notice's contents and overcoming challenges in privately enforcing State aid rules.

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