ARTICLE: STATE AID - PRIVATE ENFORCEMENT - REMEDY - SUBSIDIARITY

State aid law and economic harm: The other side of private enforcement

KEYWORDS

While in the field of anti-competitive practices, particularly as a result of Directive 2014/104/EU, seeking compensation for economic damage is gradually becoming part of European legal practice, the same cannot be said of state aid law. Although the Court of Justice considers this approach to be a means of ensuring the effectiveness of the latter, it is only in the last few months that the responsibility of public authorities that illegally provide economic advantages to companies and are therefore at fault and liable to compensate the competitor has come to light in judgments handed down by the administrative courts of appeal. In this way, a new form of private enforcement is emerging.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. "Private enforcement": using Shakespeare's language to characterize a state of law, although convenient, is nonetheless fraught with ambiguity. What exactly does the formula cover? Looking at the positive law to this effect immediately leads back to the English version of Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition laws of the Member States and of the European Union [1]. Three unequivocal references are made to private enforcement in recitals 3, 5 and 6, from which it should be noted in succession: Articles 101

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