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Effet Utile Taken to Extremes: Does an Opening Decision Already Trigger the “Stand-Still Obligation”?

DOI https://doi.org/10.21552/ESTAL/2013/4/380

Ulrich Soltész


I. Introduction In his recent opinion1 Advocate General Mengozzi addressed an issue which is of pivotal importance for many aid recipients, namely the question whether a decision to open a formal investigation (Article 108(2) TFEU, Article 6(1) of Reg. 659/1999) can have legally binding effect on national courts. Under Article 267 TFEU a German Court had asked the question whether an “uncontested decision of the Commission to initiate a formal investi

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