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ARTICLES - STATE AID AND NATIONAL JURISDICTIONS ∙ State Aid Assessment: What National Courts Can Do and What They Must Do

Jose Luis Buendía Sierra, Miguel Ángel Bolsa Ferruz


Keywords: State Aid, Assessment, National Courts

The article explores the powers and duties of national courts when they enforce EU State aid law, particularly when, by virtue of the stand-still obligation pursuant to Article 108(3) of the Treaty on the Functioning of the European Union, they are faced with the assessment of whether a national measure constitutes illegal State aid. It also analyses a number of mechanisms or tools available in this context for national courts to cooperate with the European Commission and the European Courts, with the primary objective of preventing contradictory decisions or judgments rendered by different authorities at national and EU level. In this vein, the article also critically reviews the 2009 Commission Notice on the enforcement of State aid by national courts, which in the authors’ view sometimes goes beyond what is required by the applicable case law. The scope of measures available for national judges is certainly much wider than the scope of measures imposed on national judges.
Keywords: Powers and Duties of National Courts; 2009 Commission Notice; State Aid Enforcement.

Jose Luis Buendía Sierra and Miguel Ángel Bolsa Ferruz, Lawyers at Garrigues, Managing Partner and Associate, respectively, of the Brussels office. Jose Luis Buendía Sierra is a visiting professor at King’s College London and co-editor of the journal European State aid Law Quarterly (EStAL).


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