The German Federal Administrative Court rules that national courts must autonomously and comprehensively assess the existence of (notifiable) aid

Soltész, Ulrich; Weiss, Harald; Werner, Philipp

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26 Oct 2016

The German Federal Administrative Court rules that national courts must autonomously and comprehensively assess the existence of (notifiable) aid

KEYWORDS

Reference

German Federal Administrative Court, 10 C 3.15, Court decision, 26 October 2016 (German)

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 courts are not bound by a decision not to raise objections adopted after “only” a preliminary examination pursuant to Article 4(3) Regulation (EU) 2015/1589 in which the Commission came to the conclusion that the measure in question involves State aid (compatible with the internal market). Background & facts of the case The Applicant operates a climbing hall for commercial purposes. The Intervener (Beigeladener), a club belonging to the German Alpine Club association (DAV), intended to open

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Authors

Ulrich Soltész
Gleiss Lutz (Brussels)

Belgium 17 contributions 1795 visits
Harald Weiss
Gleiss Lutz (Brussels)

Belgium 14 contributions 398 visits
Philipp Werner
Jones Day (Brussels)

Belgium 42 contributions 17648 visits

Quotation

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, 26 October 2016, e-Competitions October 2016, Art. N° 108710

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