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Locus standi and the Private Creditor Test after the Judgment of the General Court on Buczek Automotive v Commission journal article

María Muñoz de Juan, Jose Manuel Panero Rivas

European State Aid Law Quarterly, Volume 11 (2012), Issue 1, Page 273 - 274

I. Introduction In its judgment in Buczek Automotive v Commission1 (“the Judgment”), the General Court (“the Court”) ruled on an appeal lodged by the Polish undertaking Buczek Automotive sp. z o.o. (“BA”) against a negative Commission decision ordering recovery. The Judgment provides guidelines on two important topics in EU State aid law practice, namely, the locus standi of aid beneficiaries to challenge negative Commission decisions ordering


Some Legal Reflections on the Almunia Package journal article

José Luis Buendía Sierra, María Muñoz de Juan

European State Aid Law Quarterly, Volume 11 (2012), Issue 2, Page 63 - 81

I. Introduction Ever since the establishment of the European Economic Community – now the European Union (EU) – the treatment of services of general economic interest (SGEI) never was a straightforward issue under European law. The first legal issue is the exact meaning of the concept of SGEI. Legal commentators, the Commission in its decision-making practice as well as the EU courts all agree that ‘SGEI’ is a EU-law concept without direct equiva


The ECJ’s Backlash on Access to Documents in the Commission’s File on State Aid Cases by Private Parties journal article

María Muñoz de Juan, Jose Manuel Panero Rivas

European State Aid Law Quarterly, Volume 9 (2010), Issue 4, Page 871 - 880

I. Introduction In its judgment regarding Technische Glaswerke Ilmenau GMBH (TGI)1 (“the Judgment”), the ECJ reversed the finding of the General Court – at that time Court of First Instance – as regards the annulment of the Commission Decision of 28 May 2002 in procedure C 44/2001. The substantive question posed before the Court refers to the substantive rules governing access to documents in a State aid Commission file by interested parties othe

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