Private Enforcement of State Aid Law – Problems of Guaranteeing EU Rights by means of National (Procedural) Law Journal Artikel Martin Köhler European State Aid Law Quarterly, Jahrgang 11 (2012), Ausgabe 2, Seite 369 - 387 I. Introduction Private Enforcement of State aid law has not only become a widely discussed topic and an obviously commonly accepted notion1 but nevertheless still raises many questions, as demonstrated by the recent judgments of the German Bundesgerichtshof (BGH)2 and the Austrian Oberster Gerichtshof (Supreme Court, OGH)3 concerning the claim of competitors of the beneficiaries of illegal State aid under the national Code against Unfair Competition4
New Trends Concerning the Application of the Private Investor Test Journal Artikel Martin Köhler European State Aid Law Quarterly, Jahrgang 10 (2011), Ausgabe 1, Seite 21 - 33 I. Introduction In its judgment in the EDF case,1 the General Court came to the conclusion that the private investor test was also applicable in a situation where the measure at stake (the measure that allegedly constituted State aid within the meaning of Article 107(1) TFEU) consisted in a specific provision in corporate tax law. This statement is not at first sight compatible with the permanently prevailing assumption that the private investor test
Judgment By Formula: Regulatory Form and the Differentiation of Fiscal Measures and Non-Fiscal Measures in EU State Aid Law Christopher McMahon