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Andres: The Unfinished Business of a Seemingly Selective Non-Advantage· Case C-203/16 P Dirk Andres v European Commission · Annotation by Raymond Luja journal article

Annotation on the Judgment of the Court (Second Chamber) of 28 June 2018 in Case C-203/16 P Dirk Andres v European Commission

Raymond Luja

European State Aid Law Quarterly, Volume 20 (2021), Issue 4, Page 578 - 584

The Andres judgement has often been seen as a Milestone on selectivity, but in essence it is not. It rather deals with the absence of an advantage. In this contribution the author revisits Andres and concludes that, from a transactional perspective set forth in Sigma Alimentos Exterior, the outcome could well have been different. He also points out that Andres opened up a loophole to the state aid regime that could be exploited by providing targeted relief to over-inclusive anti-abuse measures. He concludes that it is primarily up to national legislators and domestic courts to guard against disproportional tax measures. Milestones Preview: this annotation is based on a chapter of the upcoming second edition of the book 'Milestones in State Aid Case Law' (Lexxion 2022).

Where are the Limits of the Commission’s Suspension Injunctions?  · Joined Cases T-554/15 and T-555/15 Hungary v Commission · Annotation by Péter Staviczky journal article

Annotation on the judgment of the General Court (ninth chamber) of 25 April 2018 in Joined Cases T-554/15 and T-555/15 Hungary v Commission.

Péter Staviczky

European State Aid Law Quarterly, Volume 18 (2019), Issue 1, Page 61 - 70

In April 2018, the General Court issued the first ever judgment in EU law dealing with the legal requirements for applying injunctions in State aid cases, more specifically suspension injunctions. The Commission rarely uses these measures; therefore it is beneficial to know how the EU judicature sees the legal boundaries of these legal concepts and where the limits for the Commission are to use them properly.

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