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DEI v European Commision  ∙ C-590/14 P ∙ Annotation by Mihalis Kekelekis

Annotation on the Appeal Judgement of the CJEU (Tenth Chamber) in Case C-590/14 P DEIof 21 October 2016 (the Follow-Up of Case T-542/11 Alouminion v European Commission)

DOI https://doi.org/10.21552/estal/2017/2/16

Mihalis Kekelekis


The notion of existing aid has a huge importance in State aid control. Procedural rules for existing aid differ from those regarding new aid. The consequence of granting new or existing aid is also different: from recovery to a proposal to adopt appropriate measures and modify the scheme. As other notions in the State aid field, despite its importance, the notion of existing aid is still evolving by the case-law of the EU courts. This should be an objective concept but as this judgment reveals, it may also be influenced by a subjective analysis regarding State aid compatibility. This judgment also clarifies the role of national courts in the State aid field. National courts must not only serve as guarantors of the direct effect of Article 108(3) TFEU but also as potential aid granting authorities.
Keywords: Existing Aid; New Aid; Recovery; Duration; Alteration of an Existing Aid; National Courts; Notification.

Mihalis Kekelekis, State aid senior officer at the EFTA Surveillance Authority. The views expressed in this annotation are those of the author and do not necessary reflect the opinion of the EFTA Surveillance Authority. DOI: 10.21552/estal/2017/2/16

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