ARTICLES - STATE AID AND NATIONAL JURISDICTIONS ∙ The Application of the ECJ’s Criteria Developed in the Case Deutsche Lufthansa by National German Courts Journal Artikel The Flughafen Lübeck/Air Berlin Case Annegret Garbe European State Aid Law Quarterly, Jahrgang 16 (2017), Ausgabe 3, Seite 449 - 454 In this decision, the German Federal High Court reviews the scope of protection for a private competitor in cases of unlawful State aid before national courts. Based on the jurisdiction of the European Court of Justice, this decision discusses in detail the powers and obligations of a national court in situations where the Commission has opened an investigation procedure, but not yet taken a final decision as to whether or not the measure at stake involves State aid and – if so – is compatible with the internal market. Keywords: Unlawful State Aid; Deutsche Lufthansa; Lübeck; German National Court.
Judgment By Formula: Regulatory Form and the Differentiation of Fiscal Measures and Non-Fiscal Measures in EU State Aid Law Christopher McMahon