Petra Flašker and the Notion of Doubts in the Context of Preliminary Investigations of Both New and Existing Measures · Case T-392/20 Flašker v Commission · Annotation by Marianne Clayton, Gaétan Roelants du Vivier and Matthieu Jamart Journal Artikel Annotation on the Judgment of the General Court (Fourth Chamber) of 27 April 2022 in Case T-392/20 Flašker v Commission Marianne Clayton, Gaétan Roelants du Vivier, Matthieu Jamart European State Aid Law Quarterly, Jahrgang 22 (2023), Ausgabe 1, Seite 89 - 94 The judgment of the General Court in Case T-392/20 Flašker v Commission addresses the procedural concept of serious difficulties and the scope of the Commission’s obligation, when investigating complaints, to carry out a thorough examination beyond the mere information provided by the complainants and the national authorities which is also applicable in the context of existing aid. In particular, the General Court reaffirmed the Commission’s responsibility to conduct a proper investigation when faced with serious allegations and insisted that the Commission cannot rely on the fact that the complaint may not be sufficiently substantiated as an argument for dismissing it. More novel, the General Court noted that the Commission had disregarded the existing procedural rules by adopting a decision finding that, assuming that a measure constitutes aid, it amounts to existing aid, but unfortunately did not draw any further conclusions.
EU Courts’ Recent Judgments Annulling Commission’s State Aid Decisions Journal Artikel Péter Staviczky European State Aid Law Quarterly, Jahrgang 18 (2019), Ausgabe 3, Seite 293 - 300 Keywords: Concept of aid; Formal investigation; Preliminary investigation; Third parties; Complaints; Jurisprudence
Judgment By Formula: Regulatory Form and the Differentiation of Fiscal Measures and Non-Fiscal Measures in EU State Aid Law Christopher McMahon