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Performance of SGEI Tasks Cannot, of Itself, Justify an Exemption from the Notification and Standstill Obligations · Case C-445/19 Viasat · Annotation by Alessandra Fratini Journal Artikel

Annotation on the Judgment of the Court (Grand Chamber) of 24 November 2020 in Case C-445/19 Viasat Broadcasting UK Ltd. v TV2 Denmark A/S and Kingdom of Denmark

Alessandra Fratini

European State Aid Law Quarterly, Jahrgang 20 (2021), Ausgabe 1, Seite 150 - 153

The Court of Justice confirmed the obligation for a national judge to order the payment of illegality interest also where the aid, implemented in breach of Article 108(3) TFEU, has been declared by the Commission compatible with the internal market under Article 106(2) TFEU. By extending the findings in CELF to illegal State aid granted in favour of undertaking entrusted with the operation of services of general economic interest, the Court has clarified that the performance of SGEI tasks cannot, in and of itself, justify an exemption from the notification and standstill requirements under Article 108(3) TFEU.




ARTICLES - STATE AID AND NATIONAL JURISDICTIONS ∙ Recovering Unlawful and Incompatible Aids by National Courts: CELF and Scott/Kimberly Clark Cases Journal Artikel

Denis Jouve

European State Aid Law Quarterly, Jahrgang 16 (2017), Ausgabe 3, Seite 367 - 376

In CELF and Scott/Kimberly Clark cases, the Court of Justice clarified the role and the power of national courts to recover unlawful State aids. This fundamental role to protect individuals’ rights varies depending on Commission intervention. When the Commission has issued a final decision, national courts become the guardian of this decision, they have to control the execution in national law. In this situation, their room for manoeuvre is reduced. Pending a final Commission decision, it is for the national court to safeguard the rights of individuals and the effectiveness of Article 108(3) of the Treaty. Therefore, national courts shall take all relevant measures in order to protect individuals’ rights and to stop unlawfulness. It is forced to act even if Commission has decided on State aid compatibility but it has more freedom and it is possible to not order recovery. Keywords: Recovery; Unlawful Aid; Incompatible Aid; National Courts; CELF; Scott/Kimberly Clark.


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