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Lucchini Revisited: When Judgments Harm Competition · Case C-586/18 P Buonotourist and Case C-587/18 P CSTP Azienda della Mobilità · Annotation by Rosario Federico journal article

Annotation on the Judgments of the Court (Ninth Chamber) of 4 March 2020 in Case C-586/18 P Buonotourist and Case C-587/18 P CSTP Azienda della Mobilità

Rosario Federico

European State Aid Law Quarterly, Volume 20 (2021), Issue 1, Page 144 - 149

This case note analyses Buonotourist and CSTP Azienda della Mobilità, two recent judgments of the Court of Justice concerning the application of State aid control against overcompensation of public transport companies. The relevance of the judgments stems from the clear stance taken by the Court in relation to the exclusive competence of the European Commission to assess the compatibility of State aid measures, regardless of the judicial activity of national courts. By contrast with previous rulings, where the Court of Justice tried to balance the effective application of Article 107 TFEU and the principle of res iudicata, in the present judgments the focus is all on primacy of EU law over the adjudicatory activity of Member States’ judges. The message for national courts is clear: they must be vigilant against the granting of State aid in any form or the validity of their rulings may be put in question. While this interpretation confirms the importance of competition in the EU legal system, it is legitimate to wonder whether the values of effective judicial protection and legal certainty have been duly considered. The way forward requires an enhanced effort by the Court of Justice to clarify the many open issues which surround the ‘notion of aid’ to make it manageable by national courts.

ARTICLES - STATE AID AND NATIONAL JURISDICTIONS ∙ National Judges and Training in EU State aid Law journal article open-access

Erika Szyszczak

European State Aid Law Quarterly, Volume 16 (2017), Issue 3, Page 470 - 475

The latest Call from the European Commission identifies the training of national judges in EU State aid law as one of its priority areas. The number of State aid cases at the national level is increasing and present complex issue of law and economics for national judges to solve. A recent training session at the Spanish Judicial School in Barcelona reveals how a successful programme of training can be organised, highlighting the many recent State aid issues that have been identified in European Commission policy documents and Decisions and case law of the European Courts. Keywords: National Judges; Training Programmes; Law and Economics.

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