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Case C-284/21 P Commission v Braesch and Others · Annotation by Philipp Werner and Théodore Plat journal article

Annotation on the Judgment of the Court of Justice of the European Union (Grand Chamber) of 31 January 2023 in Case C-284/21 P Commission v Braesch and Others

Philipp Werner, Théodore Plat

European State Aid Law Quarterly, Volume 23 (2024), Issue 1, Page 62 - 68

The judgment Commission v Braesch relates to the standing of third parties to bring an action for annulment against a Commission decision in the preliminary examination stage. The Court provides important clarifications on the scope of this type of decision and on the concept of “interested parties”, especially with regard to commitments given by a Member State during the notification phase.



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.

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