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The Commission Adopts the New Notice on the Enforcement of State Aid Rules Before National Courts: journal article

An Overview of the State of Play of Private Enforcement of State Aid Law

Leonardo Armati, Federico Macchi

European State Aid Law Quarterly, Volume 21 (2022), Issue 1, Page 3 - 19

The European Commission has adopted a new notice on the enforcement of State aid rules by national courts. The New Enforcement Notice replaces the 2009 Enforcement Notice, providing updated practical guidance for national judges facing private claims to remedy the unlawful granting of State aid, ie without a prior Commission approval or an exemption from notification. This article illustrates the main aspects of the New Enforcement Notice, from the general principles to certain topics, such as the interplay between the Commission and national courts’ proceedings, the role of national courts regarding aid covered by the GBER and damages actions, that appear particularly relevant in the light of the innovation they bring compared to the 2009 Notice. The article, in line with the spirit of the Enforcement Notice, stresses the importance of private enforcement before national courts for an effective development and application of EU State aid rules. Keywords: private enforcement; enforcement notice; national courts; standstill obligation; damages actions

The Concepts of State Resources and Imputability in a Case of Aid Granted Through an Intermediary · Case T-607/17 Volotea · Annotation by Federico Macchi journal article

Annotation of the Judgment of the General Court of the European Union (First Chamber) of 13 May 2020 in Case T-607/17 Volotea v European Commission

Federico Macchi

European State Aid Law Quarterly, Volume 19 (2020), Issue 3, Page 365 - 371

The judgment concerns a case of aid granted by national authorities to airlines, through airports operators which were found to be acting as mere intermediaries. In the reasoning of the Court, the first question to establish the presence of aid in favour of airlines was the presence of State resources and imputability to the State of the transfer made by the airports operators to the airlines. This note aims at providing some thoughts on the application of the criteria on State resources and imputability, and their interaction.

Italian Court Awards Damages to Beneficiaries for Unlawful Implementation of Aid  ∙ Court of Appeal of Cagliari of 13 June 2017 ∙ Annotation  by Francesco Maria Salerno and Federico Macchi journal article

Annotation on the Judgment of the Court of Appeal of Cagliari of 13 June 2017

Francesco Maria Salerno, Federico Macchi

European State Aid Law Quarterly, Volume 17 (2018), Issue 2, Page 311 - 315

The case in comment illustrates the application of State aid rules by a national court. Moreover, the case deserves to be brought to the attention of a wide readership because it concerns a rare case of award for damages to the beneficiary of the aid. By adjudicating in favour of the beneficiary, the Italian court recognized the peculiarities of the case at issue. At the same time, the ruling raises general questions of consistency with EU law, which are likely to become even more salient as the cooperation between Commission and national courts in the enforcement of State aid rules increases. Keywords: National courts; Damages; State liability; Legitimate expectations.

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