The EU Court of Justice rules on the distribution of powers between the Council and the Commission in the area of state aid enforcement (EU Commission / EU Council)

CJEU strengthens Commission's enforcement monopoly in State aid (C-111/10) and jeopardises its consistent enforcement with other EU policies (C-272/12)* In two recent Judgments of 4 December 2013 (C-111/10, Commission v Council) and 10 December 2013 (C-272/12, Commission v Ireland and Others), the CJEU has ruled on the distribution of powers between the Council and the Commission in the area of State aid enforcement. In one of the cases (C-111/10), the CJEU made a substantive finding and upheld the Council authorisation of State aid for agricultural support in Lithuania. In the other case (C-272/12) the CJEU refused to engage in an analysis of the distribution of competences between the institutions due to a procedural flaw (the GC had raised the issue of its own motion, in breach of

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Albert Sánchez Graells, The EU Court of Justice rules on the distribution of powers between the Council and the Commission in the area of state aid enforcement (EU Commission / EU Council), 4 December 2013, e-Competitions December 2013, Art. N° 61528

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