The role of national courts in State aid litigation

Article abstract:

This paper considers the basis of national courts' jurisdiction in State aid matters, along with the limits of that jurisdiction. It addresses various issues arising from the direct effect of the 'standstill obligation' contained in the final sentence of Article 88(3) EC. In particular, it considers the effect of Commission State aid proceedings on the role of national courts and highlights some difficulties faced by national courts in enforcing the 'standstill obligation'. It also discusses Member State liability for breaches of State aid rules, as well as the liability of beneficiaries of aid granted in breach of the 'standstill obligation'. Finally, it examines the role of national courts in the recovery of illegal State aid.

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