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Dual Remedy Against State Aid Decisions · Case C-135/16 Georgsmarienhütte · Annotation by Rene Brunner

Annotation on the Judgment of the Court of Justice (Grand Chamber) of 25 July 2018 in Case C-135/16 Georgsmarienhütte GmbH and Others v Bundesrepublik Deutschland.

Rene Brunner


Keywords: action for annulment, preliminary ruling procedure, dual remedy, parallel proceedings, national courts, TWD doctrine

On 25 July 2018, the Court of Justice of the European Union handed down a ruling on the admissibility of the request for a preliminary ruling on the validity of a Commission Decision where the applicants in the main proceedings did not bring an action for annulment against that Decision before the General Court. The judgment Georgsmarienhütte re-evaluates the interrelationship between the action for annulment and the preliminary reference procedure and is, in essence, a reiteration of the TWD doctrine established already in 1994.
Keywords: Action for annulment; Preliminary ruling procedure; Dual remedy; Parallel proceedings; National courts; TWD doctrine.

Rene Brunner is Assistant in Research and Teaching of emer Univ-Prof Dr Friedl Weiss, LLM (Cambridge) and Doctoral Candidate at the Department of European, International and Comparative Law at the University of Vienna.


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