Gleiss Lutz (Brussels)

Harald Weiß

Gleiss Lutz (Brussels)
Counsel

Harald advises on all aspects of German and European competition law, including antitrust, private antitrust litigation, merger control and EU state aid law. His practice also includes advice on EU law. Harald is frequently representing clients before the European Commission and the Court of Justice of the EU.

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

Articles

234 Bulletin

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

32

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)

17

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

12

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

10

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

17

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

21

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

13

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

28

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 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)

23

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

19

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

22

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 (...)

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