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Locus Standi in State Aid Litigation After Montessori journal article

Valérie Noël, Sébastien Thomas

European State Aid Law Quarterly, Volume 20 (2021), Issue 4, Page 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).

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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