The Role of national courts : The ECJ rules that national courts, acting on a complaint seeking the termination of the enforcement of a non-notified measure and the recovery of the amounts paid, have to preserve the effectiveness of the decision of the Commission by opening without delay a formal investigation for the measure enforced, under article 108, § 3, TFEU (Deutsche Lufthansa/Flughafen Frankfurt-Hahn)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In a judgment delivered on 21 November 2013 in Case C-284/12 (Deutsche Lufthansa AG v Flughafen Frankfurt-Hahn GmbH), the Court of Justice of the European Union ruled that, as soon as the Commission opens the formal investigation procedure under Article 108(2) TFEU in respect of a non-notified measure in the course of implementation, a national court In the event of a request for the cessation of the implementation of that measure and the recovery of sums already paid, the Commission is required, under Article 108(3) TFEU, and not the objective of prevention assigned by that text, to adopt all measures necessary to preserve the effectiveness of the