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Autor: Marianne Clayton

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Petra Flašker and the Notion of Doubts in the Context of Preliminary Investigations of Both New and Existing Measures · Case T-392/20 Flašker v Commission · Annotation by Marianne Clayton, Gaétan Roelants du Vivier and Matthieu Jamart Journal Artikel

Annotation on the Judgment of the General Court (Fourth Chamber) of 27 April 2022 in Case T-392/20 Flašker v Commission

Marianne Clayton, Gaétan Roelants du Vivier, Matthieu Jamart

European State Aid Law Quarterly, Jahrgang 22 (2023), Ausgabe 1, Seite 89 - 94

The judgment of the General Court in Case T-392/20 Flašker v Commission addresses the procedural concept of serious difficulties and the scope of the Commission’s obligation, when investigating complaints, to carry out a thorough examination beyond the mere information provided by the complainants and the national authorities which is also applicable in the context of existing aid. In particular, the General Court reaffirmed the Commission’s responsibility to conduct a proper investigation when faced with serious allegations and insisted that the Commission cannot rely on the fact that the complaint may not be sufficiently substantiated as an argument for dismissing it. More novel, the General Court noted that the Commission had disregarded the existing procedural rules by adopting a decision finding that, assuming that a measure constitutes aid, it amounts to existing aid, but unfortunately did not draw any further conclusions.

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