Gleiss Lutz (Brussels)

Ulrich Soltész

Gleiss Lutz (Brussels)
Partner

Ulrich Soltész advises clients on European antitrust and state aid law as well as merger control issues. He represents German and foreign companies before the European Commission and national cartel authorities, and has litigated more than 60 cases before the Courts of the European Union. Ulrich studied in Freiburg and Brussels (LL.M. 1996). He has been a partner at Gleiss Lutz since 2002. Prior to joining the firm, he worked as a research and teaching assistant at the University of Freiburg. He has published many articles on competition and state aid issues and contributed to a number of books on these topics. He is frequently invited as an expert to speak at various international conferences, professional seminars and at in-house client seminars. Ulrich is a non-governmental advisor to the International Competition Network (ICN). He is a member of the American Bar Association (ABA), the Association for the Study of Antitrust Law, the International Bar Association (IBA) and the Berlin State Aid Forum, where he serves as the chairman of the board. Ulrich speaks German, English and French.

Distinctions

Linked authors

Gleiss Lutz (Frankfurt)
Gleiss Lutz (Stuttgart)
Gleiss Lutz (Munich)
Gleiss Lutz (Munich)
Gleiss Lutz (Stuttgart)

Articles

956 Bulletin

Ulrich Soltész The UK Competition Authority introduces a new Subsidy Advice Unit which will provide non-binding advice to authorities on State subsidies and replace the former notification requirement

235

This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. For many Britainophiles in the EU, the noise of the Brexiteers and their shouting about “world-beating Britain” during the last five years of the departure process (...)

Ulrich Soltész, Philipp Werner, Harald Weiss The German Federal Court of Justice declares that the legal situation prior to the grant of unlawful State aid is decisive when considering whether recovery orders are binding

55

The Federal Court of Justice (Bundesgerichtshof) clarified that the legal situation prior to the grant of the unlawful State aid is decisive for its recovery, in particular the scope and method of the recovery. The Federal Court of Justice also held that an alleged violation of the (...)

Ulrich Soltész, Philipp Werner, Harald Weiss The German Federal Court issues judgement that member state courts are not strictly bound by the opening decision of the European Commission in state proceeedings (Flughafen Lübeck)

25

After the opening decision for a formal state aid review has been issued, German courts may in principle not deviate from the Commission’s preliminary assessment of the state aid character. In cases where courts have doubts about the preliminary assessment, they must request the Commission’s (...)

Ulrich Soltész, Harald Weiss, Philipp Werner The German Federal Administrative Court rules on the obligation for administrative Courts to comprehensively review the characterization of a measure as state aid, despite preliminary examination by the European Commission

21

The German Federal Administrative Court (“BVerwG”) ruled that administrative courts are obliged to independently review the question, whether an economic aid meets all the requirements of a notifiable State aid within the meaning of Article 107 TFEU. This obligation is not limited by the fact (...)

Ulrich Soltész, Harald Weiss, Philipp Werner The German Federal Administrative Court rules that national courts must autonomously and comprehensively assess the existence of (notifiable) aid

16

The Federal Administrative Court (Bundesverwaltungsgericht) ruled that Article 108(3), Sentence 3 TFEU obliges national courts to interpret and apply the concept of State aid under Article 107(1) TFEU autonomously and comprehensively. According to the Federal Administrative Court, national (...)

Ulrich Soltész, Philipp Werner, Harald Weiss The German Federal Court issues judgment on the prohibition of implementation under state aid law in Article 108(3) TFEU is a protective law in favour of the competitors of the aid recipient

24

Under certain circumstances, undertakings can demand the recovery of state aid granted to their competitors in violation of the prohibition of implementation under European law in Art. 108 para. 3 sentence 3 TFEU. The BGH considered the implementation ban to be a protective law within the (...)

Ulrich Soltész, Philipp Werner, Harald Weiss The German Federal Court holds that undertakings can demand the recovery of state aid granted to their competitors in violation of the prohibition of implementation Art. 108(3) TFEU

34

THE PROHIBITION OF IMPLEMENTATION UNDER STATE AID LAW IN ARTICLE 108(3)(3) TFEU IS A PROTECTIVE LAW IN FAVOUR OF THE COMPETITORS OF THE AID RECIPIENT ++Tags+++Tags+++Tags+++ German Federal Court, Flughafen Frankfurt-Hahn, I ZR 136/09, 10.2.2011 (German) Under certain circumstances, (...)

Ulrich Soltész, Philipp Werner, Harald Weiss The German Federal Administrative Court rules on the conditions under which the levy of a special-purpose association can be regarded as aid within the meaning of European law

21

The Federal Administrative Court has ruled on the conditions under which the levy of a special-purpose association can be regarded as aid within the meaning of European law. According to its judgement of 16 December 2010, a levy imposed by a special-purpose association exclusively to compensate (...)

Ulrich Soltész, Philipp Werner, Harald Weiss The German Federal Fiscal Court holds that legitimate expectations do not provide a sufficient basis for annulling a decision by the EU Commission on recovery of State aid where the notification obligation has not been complied with and that "time barring" national rules are ineffective due to the primacy of EU law

34

The Federal Fiscal Court (Bundesfinanzhof) clarified that it was prevented from re-assessing the lawfulness of the Commission decision ordering recovery of aid, and in particular its finding that the relevant tax provisions involve State aid. It ruled that Germany’s obligation to recover (...)

Ulrich Soltész, Philipp Werner, Harald Weiss The German Federal Court of Justice rules that the obligation to recover aid is only effectively and immediately implemented if insolvency claims are treated as non-subordinated liabilities

15

The Federal Court of Justice has ruled that the obligation to recover aid is only effectively and immediately implemented if insolvency claims are treated as non-subordinated liabilities. Accordingly, it found that the primacy of EU law must lead to the non-application of a statutory provision (...)

Ulrich Soltész, Philipp Werner, Harald Weiss The Berlin Higher Administrative Court issues a ruling which finds that the recovery of aid ordered by the commission in a negative decision can be implemented and enforced unilaterally by German authorities based on public law even in cases in which the aid were granted on the basis of private law

11

The Berlin-Brandenburg Higher Administrative Court has ruled that a Commission’s negative decision ordering the recovery of aid may be implemented and enforced unilaterally by German authorities by means of an administrative act (i.e. based on public law) even if the aid were granted on the (...)

Ulrich Soltész, Philipp Werner, Harald Weiss The German Federal Constitutional Court determines that the principle of legitimate expectations is to be interpreted narrowly in the recovery of State aid because of the principle of primacy of EU law (Alcan)

29

The Federal Constitutional Court (Bundesverfassungsgericht) rejected the constitutional complaint (Verfassungsbeschwerde) filed against the judgment of the Federal Administrative Court (Bundesverwaltungsgericht) of 23 April 1998, 3 C 15/97 – Alcan. It held that this judgment and the CJEU’s (...)

Ulrich Soltész, Philipp Werner, Harald Weiss The German Federal Administrative Court rules that a recovery decision may also be addressed under certain conditions against a third party who is not the direct aid recipient as specified in the funding decision

22

The Federal Administrative Court (Bundesverwaltungsgericht) ruled that if a funding decision obliges its addressee to forward the funding to a third party in accordance with its intended purpose and to provide a corresponding declaration of commitment, a withdrawal decision ordering the (...)

Ulrich Soltész, Philipp Werner, Harald Weiss The German Federal Administrative Court issues a decision which holds that national procedural rules and safeguards cannot be invoked against a withdrawal decision ordering the recovery of unlawful state aid

25

The Federal Administrative Court (Bundesverwaltungsgericht) implemented guidance received from the CJEU and confirmed that national procedural rules and safeguards (such as time limits for the withdrawal of illegal administrative acts, the protection of legitimate expectations, the principle of (...)

609 Review

Jacques Derenne, Alessandro Cogoni, Massimo Merola, Guillaume Blanc, Philipp Werner, Cvetelina Georgieva, Dimitris Vallindas, Ulrich Soltész, Christian Weinmann, Valérie Noël, Sébastien Thomas, Alistair McGlone, Clélia Jadot The role of third parties in State aid cases

609

The prior control of the granting of State aid by an independent and supranational authority, the European Commission, constitutes the essential cornerstone of the creation of the internal market. However, State aid procedural rules have privileged Member States, whilst third parties, primarily (...)

Books

Send a message