How to grant unfettered discretion to the Commission to disregard third parties’ submissions in State aid cases – AG Tanchev Opinion of 3 June 2021 in Tempus* We knew that third parties’ rights in State aid assessment procedures are virtually non-existent – as has been deplored for many years (see e.g. here or here) – but Advocate General Tanchev’s Opinion of 3 June 2021 in Case C-57/19 P Commission v. Tempus Energy Ltd and Tempus Energy Technology Ltd (the Opinion) would effectively grant unfettered discretion to the Commission to cherry-pick the information it analyses when deciding on the compatibility of aid measures with the internal market. Besides being illogical in several aspects, the Opinion also highlights the intrinsic flaws of State aid procedural rules when it comes to taking
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The EU Court of Justice AG Tanchev proposes to grant unfettered discretion to the Commission to disregard third parties’ submissions in State aid cases (Tempus)
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