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ARTICLES - STATE AID AND NATIONAL JURISDICTIONS ∙ The Validity of National Measures When Implementing Illegal Aid before National Judges: The Xunta De Galicia Judgment

DOI https://doi.org/10.21552/estal/2017/3/12

Mercedes Pedraz Calvo


This article examines the challenges that National Judges face when dealing with a State Aid case, referring to the experience made in a Spanish case. The relevance of this case lies in the circumstance that two public interests were in conflict, that of a regional goverment and that of the Spanish Central Administration; moreover, in the fact that the Spanish Supreme Court made a reference for a preliminary ruling, declaring later State aid in the Xunta de Galicia decision while an earlier decision of the first instance Judge according to interim measures would have provided a clearer and more immediate solution.
Keywords: Judicial Control; Conflict of Interests; Regional and Central Goverment.

Mercedes Pedraz Calvo, Judge, Audiencia Nacional in Madrid, Spain.

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