KW v Autonome Provinz Bozen: Setting Out the Fundamentals on the Duty to Recover Illegally Granted State Aid · Joined Cases C-102/21 and C-103/21 KW v Autonome Provinz Bozen · Annotation by Stig Eidissen Journal Artikel Annotation on the Judgment of the Court of Justice (Ninth Chamber) of 7 April 2022 in Joined Cases C-102/21 and C-103/21 KW v Autonome Provinz Bozen Stig Eidissen European State Aid Law Quarterly, Jahrgang 21 (2022), Ausgabe 4, Seite 415 - 418 The preliminary ruling of the Court of Justice in Joined Cases C-102/21 and C-103/21 addressed the expiry date of a Commission decision to authorise aid, and the obligation of Member States to recover illegally granted State aid. The Court of Justice reiterated its previous case-law setting out the duty of public authorities to recover illegally granted State aid on their own initiative. The judgment sets out the fundamentals of both the Commission’s and national authorities’ duty to recover State aid granted in violation of the standstill obligation clearly and concisely. Perhaps more novel, the judgment holds that Member States may consider GBER exemptions to limit the recovery sum.
Common Interest as a Condition for State Aid Compatibility Journal Artikel Stig Eidissen European State Aid Law Quarterly, Jahrgang 19 (2020), Ausgabe 4, Seite 452 - 463 According to long-standing Commission practice, State aid must aim at or contribute to an objective of common interest to qualify as compatible with the internal market. In the recent judgment Hinkley Point C, the Court of Justice rejected the pursuit of an objective of common interest as a condition for compatibility pursuant to Article 107(3)(c) TFEU. This article takes a closer look at the origin and content of the common interest condition. Further, it discusses whether the Hinkley judgment establishes a precedent to reject a common interest condition entirely, and the possible consequences of such a precedent for State aid law and policy going forward. Keywords: State aid; compatibility; compensatory justification; common interest; judicial review
Judgment By Formula: Regulatory Form and the Differentiation of Fiscal Measures and Non-Fiscal Measures in EU State Aid Law Christopher McMahon