CASE COMMENTS: STATE AIDS - ADVANTAGES GRANTED BY A PUBLIC UNDERTAKING OPERATING AN AIRPORT TO A LOW-COST AIRLINE - OPENING OF A FORMAL INVESTIGATION BY THE COMMISSION - OBLIGATION OF NATIONAL COURTS TO SUSPEND THE EXECUTION OF THE MEASURE EXAMINED BY THE COMMISSION
State Aids - Obligation of national courts to suspend the execution of the measure examined by the Commission: General Advocate Mengozzi invites the Court of justice to rule that member States are to suspend the execution of a measure until the Commission issues a final decision when a formal inquiry has been opened as provided by article 108 paragraph 2 TFEU, regardless of the qualification of the measure as a State aid (Lufthansa)
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In his Opinion delivered on 27 June 2013 in Case C-284/12 (Deutsche Lufthansa AG v Flughafen Frankfurt-Hahn GmbH), Advocate General Mengozzi suggests that the Court of Justice of the European Union should clarify whether a Member State is obliged, irrespective of the actual nature of the measure in question (State aid or not), to suspend its execution until the Commission has adopted a final decision, where the Commission, after initiating a preliminary examination of its own motion or following a complaint, decides to initiate the formal investigation procedure provided for in Article 108(2) TFEU, to reply in the affirmative to the reference for a preliminary
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