CASE COMMENTS : STATE AIDS - ROLE OF THE NATIONAL COURTS IN APPLYING ARTICLES 107 AND 108 TFEU – ADVANTAGES GRANTED BY A PUBLIC UNDERTAKING – AIR TRANSPORT

Public undertaking : The Court of Justice of the European Union rules for the first time that a national court seized under Article 108 (3) TFEU is obliged to comply with an assessment made by the Commission in a prior decision to initiate the formal investigation procedure with respect to the existence of aid (Deutsche Luthansa c/ Flughafen Frankfurt-Hahn)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Lufthansa' judgment, as we shall soon call it, concerns one of the many Ryanair' disputes that are gradually forming the law on State aid in the field of aviation. This judgment is undoubtedly destined to be as well known and cited as the SFEI or Almark preliminary rulings in their respective fields. It deals with the margin of autonomy available to the national court to assess the existence of aid where the Commission has at the same time initiated a formal investigation procedure within the meaning of Article 108(2) TFEU. The SFEI judgment (C-39/94) dealt with both the question of the concept of State aid and the respective roles of the European

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  • Sheppard, Mullin, Richter & Hampton (Brussels)

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Jacques Derenne, Public undertaking : The Court of Justice of the European Union rules for the first time that a national court seized under Article 108 (3) TFEU is obliged to comply with an assessment made by the Commission in a prior decision to initiate the formal investigation procedure with respect to the existence of aid (Deutsche Luthansa c/ Flughafen Frankfurt-Hahn), 21 November 2013, Concurrences N° 1-2014, Art. N° 63352, pp. 144-147

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