- Jahrgang 21 (2022), Ausgabe 4
- Vol. 21 (2022), Nr. 4
- >
- Seiten 397 - 411
- pp. 397 - 411
Not Quite Final:
Principle of Res Judicata in National Judicial Proceedings in the Area of State Aid
This article addresses the principle of res judicata in the context of rules on State aid, including the case-law of the Court of Justice and the 2021 Commission Notice on the enforcement of State aid rules by national courts. The limits of the principle at issue required by Article 108(3) TFEU and the powers of national courts to recover unlawful aid (with or without a recovery decision from the Commission) are discussed. The law is stated as it stood on 1 January 2022 (with some later developments). The case-law on
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