Skip to content
  • «
  • 1
  • »

The search returned 5 results.

Belgian Courts and the Enforcement of EU State Aid Law: journal article

Towards a Regulatory Framework?

Wout De Cock

European State Aid Law Quarterly, Volume 22 (2023), Issue 1, Page 69 - 77

It is well-established that national courts play a crucial role in terms of enforcement of EU State aid law. However, it also well-known that this role is undervelopped in many EU Member States. For example, Belgian State aid courts face all sorts of uncertainties and difficulties when enforcing EU State aid law. This contribution therefore argues that the Belgian State should take (regulatory) measures to ensure that Belgian courts can enforce EU State aid law. Kyewords: Belgian courts; enforcement; standstill obligation; unlawful State aid; obstacles and uncertainties; regulatory framework

When State Aid Goes Wrong: journal article

Member State’s Liability Towards the Aid Beneficiary – A Belgian Case Study

Julie Leroy

European State Aid Law Quarterly, Volume 21 (2022), Issue 4, Page 384 - 396

A Member State which violates the standstill-obligation under Article 108(3) TFEU is not directly held responsible for his failure to comply with his obligations under EU law, as it is the aid beneficiary who will be obliged to repay the unlawful (and incompatible) State aid. This contribution evaluates if the aid beneficiary can nevertheless hold the Member State somehow responsible, through a damage claim based on the latter’s extra-contractual liability for the violation of EU law. The Belgian case study shows that such a claim can be successful, as the conditions of Articles 1382-1383 Old Civil Code might be fulfilled. However, the aid beneficiary is in a difficult position. One the one hand, this undertaking bears the ‘risk of proof’. On the other hand, a full compensation will be rare as, amongst others, the aid beneficiary’s own fault might lead to a liability apportionment. Finally, the obligation to repay the unlawful State aid (with interest) as such will never qualify as a damage that is eligible for a compensation, as this would undermine the effectiveness of EU law. Keywords: Article 108(3) TFEU; standstill-obligation; recovery of unlawful (and incompatible) State aid; liability of Member States; Belgium

KW v Autonome Provinz Bozen: Setting Out the Fundamentals on the Duty to Recover Illegally Granted State Aid · Joined Cases C-102/21 and C-103/21 KW v Autonome Provinz Bozen · Annotation by Stig Eidissen journal article

Annotation on the Judgment of the Court of Justice (Ninth Chamber) of 7 April 2022 in Joined Cases C-102/21 and C-103/21 KW v Autonome Provinz Bozen

Stig Eidissen

European State Aid Law Quarterly, Volume 21 (2022), Issue 4, Page 415 - 418

The preliminary ruling of the Court of Justice in Joined Cases C-102/21 and C-103/21 addressed the expiry date of a Commission decision to authorise aid, and the obligation of Member States to recover illegally granted State aid. The Court of Justice reiterated its previous case-law setting out the duty of public authorities to recover illegally granted State aid on their own initiative. The judgment sets out the fundamentals of both the Commission’s and national authorities’ duty to recover State aid granted in violation of the standstill obligation clearly and concisely. Perhaps more novel, the judgment holds that Member States may consider GBER exemptions to limit the recovery sum.

The Commission Adopts the New Notice on the Enforcement of State Aid Rules Before National Courts: journal article

An Overview of the State of Play of Private Enforcement of State Aid Law

Leonardo Armati, Federico Macchi

European State Aid Law Quarterly, Volume 21 (2022), Issue 1, Page 3 - 19

The European Commission has adopted a new notice on the enforcement of State aid rules by national courts. The New Enforcement Notice replaces the 2009 Enforcement Notice, providing updated practical guidance for national judges facing private claims to remedy the unlawful granting of State aid, ie without a prior Commission approval or an exemption from notification. This article illustrates the main aspects of the New Enforcement Notice, from the general principles to certain topics, such as the interplay between the Commission and national courts’ proceedings, the role of national courts regarding aid covered by the GBER and damages actions, that appear particularly relevant in the light of the innovation they bring compared to the 2009 Notice. The article, in line with the spirit of the Enforcement Notice, stresses the importance of private enforcement before national courts for an effective development and application of EU State aid rules. Keywords: private enforcement; enforcement notice; national courts; standstill obligation; damages actions

The Interplay between the European Commission, National Authorities and National Courts in State Aid Law: journal article

An Attempt to Cut the Gordian Knot

Ranjana Andrea Achleitner

European State Aid Law Quarterly, Volume 21 (2022), Issue 2, Page 173 - 180

The interplay between the Commission, national courts and national authorities in the system of State aid enforcement poses a number of challenges and potential conflicts, which, in the end – as undoubtedly showcased by the Eesti Pagar judgment– also put the aid beneficiaries under great pressure in the context of the General Block Exemption Regulation. This article attempts to identify the most important problems and challenges related to the division of roles between the institutions in State aid law, with the intention of proposing solutions that provide legal certainty for relevant undertakings, the national authorities and national courts. The article also discusses the fact that despite the growing number of private enforcement litigation, the national courts have rarely concluded that unlawful aid was granted and rarely awarded remedies. The purpose of this paper is to provide proposals for more effective private enforcement. Finally, the article pays particular attention to the limited use of cooperation tools and suggests an update of these mechanisms. Keywords: private enforcement; eState-Wiki; GBER; standstill obligation; unlawful aid

  • «
  • 1
  • »