Wednesday, September 11, 2019
Third Party Rights and the State Aid Procedures Revisited by the European Courts: An Ever-Sounder State Aid Control
ABSTRACT: The role of the European Courts of Justice has been fundamental for the evolution and establishment of procedural rules for state aid control.
Since the beginning of 2018, the Court has rendered several judgements in the area of state aid focussing on considerations related to the procedures followed for the assessment of alleged state aid measures, and the protection of procedural rights. The Court’s attention seems to focus on the Commission’s analysis of the relevant elements of law and fact underlying the assessed measure, and on the way the procedural rules are applied. The Court has not departed from its previous approach but has built its considerations on well-established case law.