@article{carmosino2019direct author = {Luca Carmosino}, title = {Direct Concern in State aid Direct Actions · Joined Cases C-622/16 P to C-624/16 P Scuola Montessori v Commission · Annotation by Luca Carmosino}, journal = {European State Aid Law Quarterly}, volume = {18}, number = {1}, year = {2019}, keywords = {C-622/16 P;C-624/16 P;Montessori;Admissibility;Direct concern;Recovery of aid;Regulatory acts}, abstract = {On 6 November 2018, the Court of Justice rendered a judgment in a proceeding that opposed the Commission and the competitor of a beneficiary of an aid set up by Italy. One of the most interesting issues that the case presents is the question of regulatory acts, and the application of the notion of regulatory acts to State aid decisions. The case explores three elements in relation to admissibility: (i) State aid measures are not sui generis; (ii) State aid decisions further the general application nature of a national measure; and (iii) the assessment of direct concern requires some factual analysis already at the admissibility stage of the procedure. On the substance, the case is interesting since it defines the extent of the Commission’s duties in assessing whether to order the recovery of an illegal State aid.}, url = {https://doi.org/10.21552/estal/2019/1/8} doi = {10.21552/estal/2019/1/8} }