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European Union Law of State Aid, 3rd Edition by Bacon QC, Kelyn (19th January 2017)

Part III Enforcement and Remedies, 19 Enforcement in the European Court

Kelyn Bacon

From: European Union Law of State Aid (3rd Edition)

Kelyn Bacon QC

Subject(s):
Damages — Court of Justice — General Court — Judicial remedies

This chapter addresses in turn the various procedural routes by which State aid cases may be brought to the European Court. These include, in particular, enforcement action by the Commission under Articles 108(2) or 258 TFEU, or by Member States against another Member State under Article 259 TFEU; actions for annulment under Article 263 TFEU, actions for failure to act under Article 265 TFEU; and actions for damages against the EU under Article 340(2) TFEU. The chapter concludes by considering appeals from the General Court to the Court of Justice, and the way in which the rules on interim measures and interventions in the European Court have been applied in State aid cases.

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