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Dual Remedy Against State Aid Decisions · Case C-135/16 Georgsmarienhütte · Annotation by Rene Brunner journal article

Annotation on the Judgment of the Court of Justice (Grand Chamber) of 25 July 2018 in Case C-135/16 Georgsmarienhütte GmbH and Others v Bundesrepublik Deutschland.

Rene Brunner

European State Aid Law Quarterly, Volume 18 (2019), Issue 3, Page 413 - 417

On 25 July 2018, the Court of Justice of the European Union handed down a ruling on the admissibility of the request for a preliminary ruling on the validity of a Commission Decision where the applicants in the main proceedings did not bring an action for annulment against that Decision before the General Court. The judgment Georgsmarienhütte re-evaluates the interrelationship between the action for annulment and the preliminary reference procedure and is, in essence, a reiteration of the TWD doctrine established already in 1994. Keywords: Action for annulment; Preliminary ruling procedure; Dual remedy; Parallel proceedings; National courts; TWD doctrine.


ARTICLES - STATE AID AND NATIONAL JURISDICTIONS ∙ Co-Operation and Good Faith: State Aid Rules and National Courts – Procedural and Interpretive Consequences journal article

Adam Scott

European State Aid Law Quarterly, Volume 16 (2017), Issue 3, Page 354 - 366

This article examines implications of EU State aid law for tasks that a national court must undertake, may undertake and also tasks that they must not undertake because such tasks are in the jurisdiction of the Commission. It examines ways in which the Commission should be asked to assist the national courts; the questions that a national court should (or may wish to) put to the Commission and instances in which the Commission may wish to intervene as an amicus curiae. Interaction of substantive and procedural law at EU level with their counterparts at national level is seen to be important in ensuring that EU law is effectively and equivalently applied nationally. Keywords: National Courts; Procedural and Interpretive Guidance; Amicius Curiae; Preliminary Ruling; Black Cabs.

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