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Direct Concern in State aid Direct Actions · Joined Cases C-622/16 P to C-624/16 P Scuola Montessori v Commission · Annotation by Luca Carmosino journal article

Annotation on the Judgment of the Court (Grand Chamber) of 6 November 2018 in Joined Cases C-622/16 P to C-624/16 P Scuola Elementare Maria Montessori Srl v European Commission, European Commission v Scuola Elementare Maria Montessori Srl and European Commission v Pietro Ferracci

Luca Carmosino

European State Aid Law Quarterly, Volume 18 (2019), Issue 1, Page 71 - 75

On 6 November 2018, the Court of Justice rendered a judgment in a proceeding that opposed the Commission and the competitor of a beneficiary of an aid set up by Italy. One of the most interesting issues that the case presents is the question of regulatory acts, and the application of the notion of regulatory acts to State aid decisions. The case explores three elements in relation to admissibility: (i) State aid measures are not sui generis; (ii) State aid decisions further the general application nature of a national measure; and (iii) the assessment of direct concern requires some factual analysis already at the admissibility stage of the procedure. On the substance, the case is interesting since it defines the extent of the Commission’s duties in assessing whether to order the recovery of an illegal State aid.

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