CASE COMMENTS: STATE AIDS - NATIONAL COURTS’ JURIDICTION - MARKET ECONOMY PRIVATE INVESTOR
Art. 88.3 EC: The Council of State confirms the scope of the mission of national courts for the enforcement of State aid rules (Ryanair)
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– EC, 27 February 2006, Ryanair, n° 264406
The Conseil d'État points out that, 'while it is the exclusive competence of the Commission to decide, under the supervision of the Court of Justice of the European Communities, whether or not aid of the nature referred to in Article 87 of the Treaty is, having regard to the derogations provided for in that Treaty, compatible with the common market, it is, on the other hand, incumbent on the Commission the national courts to penalise, where appropriate,
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