CASE COMMENTS: STATE AID - COMMUNICATION - NATIONAL JURISDICTIONS - ENFORCEMENT

Communication: The European Commission updates its guidance to national courts on the implementation of State aid rules

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The distinct but complementary roles of the Commission and the national courts have been highlighted by the case law of the Court of Justice. Introduction It is worth recalling here the terms of the 1996 SFEI decision: [The] ban on State aid in principle is neither absolute nor unconditional since, in particular, Article [107](3) gives the Commission a broad discretion to allow aid by way of derogation from the general ban in paragraph 1 . (…). For this reason, the Treaty provides in Article [108]for a special procedure for the continuous examination and monitoring of aid by the Commission. In the case of new aid which Member States intend to grant, a

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  • Sheppard, Mullin, Richter & Hampton (Brussels)

Quotation

Jacques Derenne, Communication: The European Commission updates its guidance to national courts on the implementation of State aid rules, 30 July 2021, Concurrences N° 4-2021, Art. N° 103365, pp. 104-107

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