Publication: The Private Enforcement of State Aid Law
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2021-01-21
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Edward Elgar Publishing
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Abstract: The purpose of this chapter is to describe the state of play and to identify the topics that deserve further investigation in connection to the private enforcement of State aid law (i.e., third-party actions brought before national courts in order to fight the approval or implementation of State aid measures). The chapter starts with a discussion of the rationale behind the involvement of third parties and national courts in the enforcement of the rules on State aid and of the evolution of the discipline on this front. It then recapitulates the rights that third parties enjoy in this domain and the way in which national courts are supposed to protect them. In this, as in most areas of Union law, national litigation is mostly governed by the domestic, procedural laws of Member States, which is why the chapter devotes a section to the problems raised by the principle of procedural autonomy in the private enforcement of State aid law. The last section of the chapter addresses the problems raised by the interplay between the Commission and national courts in the enforcement of the rules on State aid law.
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Pastor-Merchante, F. (2021). The private enforcement of State aid law. In Research Handbook on European State Aid Law (pp. 226-248). Edward Elgar Publishing. https://doi.org/10.4337/9781789909258.00019