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Private Enforcement of State Aid Law – Problems of Guaranteeing EU Rights by means of National (Procedural) Law

Martin Köhler


I. Introduction Private Enforcement of State aid law has not only become a widely discussed topic and an obviously commonly accepted notion1 but nevertheless still raises many questions, as demonstrated by the recent judgments of the German Bundesgerichtshof (BGH)2 and the Austrian Oberster Gerichtshof (Supreme Court, OGH)3 concerning the claim of competitors of the beneficiaries of illegal State aid under the national Code against Unfair Competition4


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