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Article 263(4) TFEU and the Impossibility of Challenging Recovery Decisions in State Aid   ∙ Ferracci v EC and Montessori v EC  ∙ T-219/13 and T-220/13 ∙ Annotation by Erika Szyszczak

Annotation on the Judgments of the General Court of 15 September 2016 in T-219/13 Pietro Ferracci v European Commission and T-220/13 Scuola Elementare Maria Montessori v European Commission

Erika Szyszczak


The Ferracci and Montessori judgments of the General Court of 15 September 2016 were challenges brought against a Commission Decision
scrutinising Italian municipal tax rules allowing tax exemptions for non-commercial bodies. The cases raise issues of when third party standing is allowed under Article 264(4) TFEU, the standard of review of European Commission Decisions, the concept of economic and non-economic activity and when the European Commission may decide that it is impossible for a Member State to recover illegal State aid.
Key Words: Economic and Non-Economic Activity; Access to Justice; Standing before the General Court; Impossibility of Recovery of State Aid.

Erika Szyszczak, Professor of Law at University of Sussex, Barrister and ADR Mediator, Littleton Chambers, Temple, UK. DOI: 10.21552/estal/2016/4/11


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