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See version in english e-Competitions State Aids Research Program: Application of EC State aid Law by national Courts

PRACTICES - STATE AIDS - NATIONAL DECISIONS APPLYING ARTICLE 87.3 EC

e-Competitions State Aids Research Program : Application of EC State aid Law by national Courts

This article by Professor Jean-Yves Chérot aims at presenting the two first published results of the e-Competitions research Program on implementation of EC State aid provisions by national Courts. Professor Chérot lead a team of academics and lawyers who concentrated on 104 French courts decisions covering a period of nearly 30 years, from 1967 to 2005. The 2006-2007 period has been covered for France, and to a lesser extent for Belgium, Germay and the Netherldands in a third part by various independent authors presented by Jacques Derenne. Similar State Aids Research Programs are expected to be published for other EU countries in the coming years. Proposals to contribute are wellcome !

PART I Jean-Yves Chérot According to the European Court of Justice (ECJ), the supervision of State aid is a matter for both the Commission and, having regard to the direct effect which the last sentence of article 88 (3) EC has been held to have, the national courts. The principal and exclusive role conferred on the Commission by articles 87 and 88 EC is to hold aid to be incompatible with the Common Market where this is appropriate. The national courts have to safeguard rights which individuals enjoy as a result of the direct effect of the prohibition laid down in the last sentence of article 88 (3) EC, i. e. the prohibition for the State to implement new State aids projects before the final decision of the Commission. The Commission and the national courts have distinct and

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Jean-Yves Chérot, e-Competitions State Aids Research Program: Application of EC State aid Law by national Courts, December 2007, Concurrences Review N° 4-2007, Art. N° 14487, pp. 173-182

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