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Evidence Requirements in the State Aid Compatibility Assessment

DOI https://doi.org/10.21552/estal/2018/2/6

Anna Nowak


The evidence requirements in the State aid compatibility assessment are a highly important and practical issue, which however has not been properly discussed until now. Indeed, the relevant provisions of the notification forms and of the acts of soft law do not give clear guidance as to the evidence requirements in the State aid procedure. Furthermore, the Commission is very indulgent towards the evidence provided by the notifying States, especially in the preliminary examination, and thus the evidence requirements are low. Such low evidence requirements do not properly secure the standard of ‘serious doubts’ necessary to open the formal investigation, and increase the risk of errors in State aid decisions. On the other hand, the possibility to tighten up the evidence requirements is limited, due to the ex ante character of State aid control.
Keywords: Evidence; procedural law; compatibility assessment.

Anna Nowak, PhD Researcher, European University Institute, Florence, Italy. For correspondence: <mailto:Anna.Nowak@EUI.eu>

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