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Who can invoke State aid Law before National Judges? That Floating Question of Legal Interest in the Case Law of Dutch Courts

Alke Metselaar


I. Introduction Under the principle of national procedural autonomy, national courts who apply EU lawmust do so using their own procedural law–within the boundaries of the principles of equivalence and effectiveness. Meanwhile, in many EU Member States, national procedural law requires that parties initiating proceedings have (legal) interest.1 Under Dutch law, failure to fulfil this requirement of interest – which can take a variety of forms dependin

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