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ARTICLES - STATE AID AND NATIONAL JURISDICTIONS ∙ The Application of the ECJ’s Criteria Developed in the Case Deutsche Lufthansa by National German Courts

The Flughafen Lübeck/Air Berlin Case

DOI https://doi.org/10.21552/estal/2017/3/13

Annegret Garbe


In this decision, the German Federal High Court reviews the scope of protection for a private competitor in cases of unlawful State aid before national courts. Based on the jurisdiction of the European Court of Justice, this decision discusses in detail the powers and obligations of a national court in situations where the Commission has opened an investigation procedure, but not yet taken a final decision as to whether or not the measure at stake involves State aid and – if so – is compatible with the internal market.
Keywords: Unlawful State Aid; Deutsche Lufthansa; Lübeck; German National Court.

Annegret Garbe, Presiding Judge at Oberlandesgericht (Higher Regional Court of Appeal), Rostock, Germany.

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