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Die Suche erzielte 4 Treffer.

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

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, Jahrgang 23 (2024), Ausgabe 1, Seite 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.


Locus Standi in State Aid Litigation After Montessori Journal Artikel

Valérie Noël, Sébastien Thomas

European State Aid Law Quarterly, Jahrgang 20 (2021), Ausgabe 4, Seite 512 - 528

In the Montessori ruling, the Court of justice confirmed the right of competitors of an aid scheme to bring an appeal against a Commission decision relating to this scheme. The ruling provides a flexible interpretation of the three conditions laid down in the third limb of Article 263(4) TFEU. We analyze the judgment of the Court and show that it creates differences in the ability of competitors of beneficiaries of State aid to access EU courts. Access is easier if the aid flows from a state aid regime rather than if the aid is granted individually. The Montessori ruling could have important implications for the notion of 'direct concern' in other areas of EU law such as anti-dumping. To date, the Court seems to restrict the use of the Montessori ruling to rules on State aid. This approach could create confusion and lead to more stringent conditions regarding the notion of direct concern in other areas of EU law. Keywords: admissibility; locus standi; regulatory act; direct concern; regulatory act not entailing implementing measures; right not to be subject to competition distorted Milestones Preview: this article is based on a chapter of the upcoming second edition of the book 'Milestones in State Aid Case Law' (Lexxion 2022).



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