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Inextricably Linked? The Limits of a State Aid Inquiry · Case T-101/18 Republic of Austria v European Commission (Paks II) · Annotation by Tamás Kende and Gábor Puskás journal article

Annotation on the Judgment of the General Court of 30 November 2023 in Case T-101/18 Republic of Austria v European Commission (Paks II)

Tamás Kende, Gábor Puskás

European State Aid Law Quarterly, Volume 22 (2023), Issue 2, Page 205 - 211

Article 107(3)(c) TFEU requires a delicate balancing of the positive effects of the aid aiming the development of certain economic activities and the negative effects thereof. The Paks II judgment provides clarifications as to the limits of this balancing process and the European Commission’s obligations to take into account primary and secondary EU laws other than those related to State aid, as well as fundamental goals of the EU Treaties like the protection of environment. The Paks II judgment also confirms that State aid rules are also applicable concerning activities falling under the EURATOM Treaty and clarifies the relationship between State aid and public procurement and an infringement procedure and a State aid procedure. The Paks II judgment also shows that Member States have a hard time with challenging the Commission’s State aid decisions if they rely on an alleged err in law or they attack the Commission’s discretionary powers and the proper application thereof.


The Commission’s New Recovery Notice journal article

A Handbook for the Recovery of Unlawful and Incompatible Aid

Simone Donzelli

European State Aid Law Quarterly, Volume 18 (2019), Issue 4, Page 528 - 539

In July 2019, following a public consultation, the European Commission adopted a new notice on the recovery of unlawful and incompatible aid, replacing the previous 2007 Notice. The new Recovery Notice represents the state of the art of the existing legislation and Case law about recovery policy. This article introduces the key topics of the Recovery Notice, from the general principles to infringement proceedings, passing through some crucial issues such as the identification of the beneficiaries, the quantification of the aid and recovery in the context of insolvency proceedings. Selected comments from the public consultation are also presented, analysed and discussed. The article, in line with the Recovery Notice, stresses the central role of cooperation between the Commission and the Member States to implement recovery Decisions and concludes that the Recovery Notice is a comprehensive tool to enforce State aid rules in line with the current regulatory framework and Case law of the Union Courts. Keywords: Recovery; Unlawful aid; Incompatible aid; Infringement; Insolvency.


ARTICLES - STATE AID AND NATIONAL JURISDICTIONS ∙ Damages Claims Based on State Aid Law Infringements journal article

Joanna Goyder, Margot Dons

European State Aid Law Quarterly, Volume 16 (2017), Issue 3, Page 418 - 430

Damages claims based on State aid law infringements may be brought in a number of situations. There is an EU law cause of action, and sometimes also a national law basis, for claims by competitors of the aid recipient, or by third parties, against the Member State or other body which granted the aid. Competitors may also claim damages from the beneficiary, but such claims can only be brought if national law provides a cause of action. Finally, the recipient itself may claim damages from the granting Member State or other body, but an EU law cause of action will normally not be available, so such a claim will also generally have to be based on national law. All these types of damages claim are rare in practice, and even more rarely successful. The main reason for this appears to be the difficulty for claimants to prove causation and to quantify their loss. Keywords: Damages Claims; Infringements; Enforcement Notice; National Courts.

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