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

Part III Enforcement and Remedies, 20 Enforcement in the National Courts

Kelyn Bacon

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

Kelyn Bacon QC

Subject(s):
Damages — Interim measures — Consistency with Commission decisions — National Courts — Preliminary references — Private enforcement — Court of Justice — National courts

This chapter discusses the role of national courts in the procedures for the enforcement of State aid in the EU. After a discussion of the Article 108(3) standstill provision, the chapter addresses the various State aid remedies available in national courts, including challenges to the validity of national measures, recovery actions, actions for reimbursement of taxes or charges, private damages actions, and a selection of other contexts in which State aid law arises in national proceedings. The principal requirements imposed by EU law on national court State aid proceedings is discussed, followed by a discussion of the situations where national State aid proceedings may interact with procedures before the European Commission and the European Courts, including in particular preliminary references, challenges in national courts to the validity of Commission decisions, requests for Commission opinions, and issues arising from concurrent domestic and EU proceedings.

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