Commission v Andersen ∙ Case C-303/13 P ∙ Annotation by Udo Woll journal article Annotation on the Judgment of the Court of Justice (Grand Chamber) of 6 October 2015 in Case C-303/13 P Commission v Andersen Udo Woll European State Aid Law Quarterly, Volume 15 (2016), Issue 1, Page 121 - 133 The Andersen case brought a fundamental question on the application ratione temporis of secondary State aid law to the court. Which legislation is applicable, if the relevant European State aid legislation is changed prior to the Commission decision on a case of non-notfied State aid? Does the Commission need to apply the legislation in force at the time the State aid was granted and the contract was concluded? Or does it need to rule according to the regulation in force at the time of its decision? The CJEU followed neither approach and found a solution of Solomonic wisdom – based on the time of the respective payments as a starting point, taking into account the lawfulness of the aid and the transitional rules in the respective legislation. Keywords: Appeals; Application Ratione Temporis of Secondary State Aid Law; Compatibility of Public Service Contracts in the Transport Sector; Exemption from the Notification Obligation.
Judgment By Formula: Regulatory Form and the Differentiation of Fiscal Measures and Non-Fiscal Measures in EU State Aid Law Christopher McMahon