National Courts and State Aid: Learning to Ask Good Questions

According to a recent study, the number of judges within the 28 EU Member States who could potentially deal with State aid is large; the study even tries to calculate the number of judges potentially involved in the application of the State aid rules: 16,192 judges at first instance, 5,058 judges at...

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Bibliographic Details
Published in:European state aid law quarterly 2017-07, Vol.16 (3), p.338-339
Main Author: Ordóñez-Solís, David
Format: Article
Language:English
Subjects:
Amicus curiae
Attorneys
Competition policy
Cooperation
Enforcement
FOREWORD
Judges & magistrates
Seminars
Online Access:Get full text
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Summary:According to a recent study, the number of judges within the 28 EU Member States who could potentially deal with State aid is large; the study even tries to calculate the number of judges potentially involved in the application of the State aid rules: 16,192 judges at first instance, 5,058 judges at appeal level, and 1,258 judges at final level.1 Foundational Treaties conceived very simple rules permitting the European Commission to control national authorities granting advantages to undertakings in order to ensure that competition will not be distorted.[...]from a judicial point of view some relevant concepts regarding the enforcement of State aid are of great interest: to distinguish substantive and procedural issues; to analyse the interplay between EU and national levels; to develop criteria on the unlawfulness and incompatibility; to compare the different ways to reach the Court of Justice (actions of infringement or annulment and preliminary referrals); or even to construe basic principles as loyal cooperation and good faith between European (Commission and Court of Justice) and national authorities (governments and judges).[...]this Seminar was dedicated to discuss, analyse and share information regarding practical problems arisen from European State aid rules: notably in some areas as taxes, subsidies, public services (Services of General Economic Interest), etc.
ISSN:1619-5272
2190-8184
DOI:10.21552/estal/2017/3/3