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Commission v Andersen  ∙ Case C-303/13 P ∙ Annotation by Udo Woll

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

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.

Udo Woll is Head of the State aid law team at the legal department of Deutsche Bahn AG, Berlin. All views expressed are personal.


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