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The Commission Adopts the New Notice on the Enforcement of State Aid Rules Before National Courts:

An Overview of the State of Play of Private Enforcement of State Aid Law

Leonardo Armati, Federico Macchi


Keywords: private enforcement, enforcement notice, national courts, standstill obligation, damages actions

The European Commission has adopted a new notice on the enforcement of State aid rules by national courts. The New Enforcement Notice replaces the 2009 Enforcement Notice, providing updated practical guidance for national judges facing private claims to remedy the unlawful granting of State aid, ie without a prior Commission approval or an exemption from notification. This article illustrates the main aspects of the New Enforcement Notice, from the general principles to certain topics, such as the interplay between the Commission and national courts’ proceedings, the role of national courts regarding aid covered by the GBER and damages actions, that appear particularly relevant in the light of the innovation they bring compared to the 2009 Notice. The article, in line with the spirit of the Enforcement Notice, stresses the importance of private enforcement before national courts for an effective development and application of EU State aid rules.
Keywords: private enforcement; enforcement notice; national courts; standstill obligation; damages actions

Leonardo Armati, qualified lawyer, is a case handler at the European Commission, DG Competition; Federico Macchi, LLM University of Gent, MA School of Economics of Warsaw, Italian qualified lawyer, is a case handler at the European Commission, DG Competition. For correspondence: <> and <>.The views and opinions of the authors expressed herein are personal and do not necessarily reflect those of the European Commission or other EU institutions. The authors would like to thank Dalila Marchello and Nicola Pipan for their valuable contributions.


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