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ARTICLES - STATE AID AND NATIONAL JURISDICTIONS ∙ Waiting for National Judges in Infringement Proceedings on State Aid

David Ordóñez-Solís


Action for failure to fulfil obligations before the European Court of Justice is crucial in the enforcement of the EU State aid rules. Moreover, the analysis of its two stages, declaration and enforcement, shows the relevance of National Courts applying this branch of EU Law. Non-compliance with an obligation relating to State aid may arise as a result of the failure of National Courts to recover or to prevent the recovery of an unlawful and incompatible aid. Insofar as judicial proceedings for recovering aid must be national, it is relevant to establish the limits of these procedures: validity and interim measures of national recovery actions, res judicata, etc. Formal declarations of a failure to comply with an obligation of recovering could be completed with financial penalties imposed by the Court of Justice or with compensation for damages to individuals adjudicated by National Courts.
Keywords: Action for failure to fulfil obligations; Court of Justice of European Union; Infringement; EU Law; National Courts; Financial penalty; Recovery; State aid.

Dr David Ordóñez-Solís is a Spanish senior judge and belongs to the Spanish Judicial Network on EU Law; Email: <>.


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