German State aid private enforcement: The problem of access to the Courts

1. General considerations [1] State aid is prohibited - art. 87 EC, now art. 107 TFEU [2]. This is a very apodictic statement. In real life, things are slightly more complicated. State aid, money or adequate advantages granted to private entities by public bodies, is common practice in many forms. This does not imply it being completely illegal, there are exceptions provided for and foreseen in the treaty. What they are about and what their limits are is not to be discussed here. Subject of this article is a formal aspect, so-called Private Enforcement. This means the control of state aid by the competitor of the recipient, concerning aid granted without prior notification to the European Commission, and thus by infringing art. 88, now 108 (3) TFEU, declaring unlawful any

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  • German Ministry for Science, Economics, and Transport (Kiel)

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Hans Arno Petzold, German State aid private enforcement: The problem of access to the Courts, 20 January 2010, e-Competitions January 2010, Art. N° 30187

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