Sections
Part I. Application of EC State aid rules by national courts.
Summary of Findings, Recommendations, Comparative Legal Analysis
1. Introduction, Summary of Findings, Recommendations, Comparative Legal Analysis. 1.1 Introduction. 1.2 Summary of Findings. 1.2.1 Application of EC State aid law in general. 1.2.2 Private Enforcement. 1.2.3 Recovery. 1.3 Recommendations. 1.4 Cases that could be brought before a national court. 1.4.1 Procedure relating to State aid. 1.4.2 Enforcement by the European Commission. 1.4.3 Direct effect of Article 88 (3) EC. 1.4.4 Enforcement of negative Commission decisions. 1.4.5 Implementation ...
2. Outline on the availability of judicial relief (update since 1999 Report). 2.1 Procedures concerning the direct effect of Article 88 (3) EC. 2.2 Actions by competitors. 2.2.1 Cease and desist. 2.2.2 Damages. 2.2.3 Public procurement. 2.3 Administrative proceedings. 2.3.1 Challenging administrative acts granting State aid. 2.3.2 Invoking the principle of equal treatment in administrative proceedings. 2.4 Actions for recovery. 2.4.1 Aid granted by contract. 2.4.2 Aid granted by an individual...
2. Outline of the availability of judicial relief under the Belgian legal system. 2.1 Procedures concerning the direct effect of Article 88 (3) EC. 2.1.1 Procedure before the Council of State. 2.1.2 Procedure before the Court of Arbitration (Constitutional Court). 2.1.3 Procedure before civil courts. 2.2 Procedures concerning the enforcement of negative Commission decisions. 2.2.1 Action to recover. 2.2.2 Action contesting the recovery. 2.2.3 Action in case no recovery is ordered. 2.2.4 Actio...
2. Executive Summary. 2.1 Member State legal system and availability of judicial relief. 2.2 The direct effect of Article 88 (3) EC. 2.3 The enforcement of negative Commission decisions. 2.4 The implementation of positive Commission decisions. 3. Member State cases. 4. Assessment of the existing system. 5. Summaries of cases brought under section 11a of the Competition Act.
2. Outline on the availability of judicial relief under the legal system (updated since the 1999 Report). 2.1 Procedures concerning the direct effect of Article 88 (3) EC. 2.1.1 Procedures before administrative courts. 2.1.2 Procedures before civil courts. 2.2 The enforcement of negative Commission decisions. 2.3 The enforcement of positive Commission decisions. 3. List of cases with summaries. 3.1 KHO 2005:47 The Supreme Administrative Court, 1 July 2005/1657, Kokkolan Voima Oy v The State o...
2. Outline of the availability of judicial relief under the French legal system. 2.1 Procedures concerning the direct effect of Article 88 (3) EC. 2.1.1 General. 2.1.2 Different types of actions. 2.2 Procedures concerning the enforcement of negative Commission decisions. 2.3 Procedures concerning the enforcement of positive Commission decisions. 2.4 Some specific procedural issues regarding the role of the French administrative judge in the application of State aid rules. 2.4.1 Raising Articl...
2. Outline of the availability of judicial relief under the German legal system. 2.1 Procedures concerning the direct effect of Article 88 (3) EC. 2.1.1 Public law disputes (disputes involving a public authority). 2.1.2 Private law disputes. 2.1.3 Action for damages from a public authority. 2.1.4 Action for damages from the beneficiary. 2.2 Procedures concerning the enforcement of a negative Commission decision. 2.3 Procedures concerning the enforcement of a positive Commission decision. 2.4 ...
2. Outline on the availability of judicial relief under the legal system of Greece. 2.1 General introduction to Hellenic administrative law provisions. 2.2 Procedures concerning the direct effect of Article 88 (3) EC. 2.3 Action for damages. 2.4 Injunction Proceedings. 2.5 Locus standi in lawsuits against decisions addressed to other parties. 2.6 The enforcement of negative Commission decisions. 2.7 The implementation of positive Commission decisions. 3. List of Court Decisions and summaries....
2. Outline the availability of judicial relief under the legal system of Ireland. 2.1 Judicial Review. 2.1.1 Certiorari, prohibition, mandamus - Order 84, rule 18(1) RSC. 2.1.2 Declaration, injunction - Order 84, rule 18(2). 2.1.3 Procedure. 2.2 Summary proceedings for a liquidated sum. 2.3 Tort. 3. Irish cases concerning the application of Articles 87 and/or 88 EC.
2. Availability of procedures in Italy. 2.1 Introduction: Direct applicability and supremacy of EC legislation. 2.2 Application of Article 88 (3) EC by the Italian courts. 2.2.1 Constitutional Court. 2.2.2 Civil courts. 2.2.3 Administrative courts. 2.2.4 Court of Auditors. 2.3 Conclusions. 2.4 Research methodology. 2.4.1 Sources. 2.4.2 Italian key words used to research cases. 3. List of cases. 3.1 Proceedings before the Constitutional Court ("Corte Costituzionale"). 3.1.1 Constitutional Cour...
2. Outline on the availability of judicial relief under the legal system of Luxembourg. 2.1 Procedures concerning the direct effect of Article 88 (3) EC. 2.2 Procedure before administrative courts. 2.3 Procedure before civil courts. 2.3.1 Proceedings against the public authority which granted the aid. 2.3.2 Summary proceedings. 2.3.3 Proceedings against the recipient of State aid. 2.3.4 Summary proceedings. 2.4 The enforcement of negative Commission decisions. 2.5 The implementation of positi...
2. Report on the availability of judicial remedies before the Dutch courts in the field of State aid. 2.1 Introduction. 2.2 General comments. 2.2.1 Article 88 (3) EC. 2.2.2 Differences between civil and administrative proceedings. 2.2.3 Interpretation of "State aid". 2.3 Possible actions before Dutch courts. 2.3.1 Request for an interim injunction. 2.3.2 Action for annulment of the decision to grant aid. 2.3.3 Action for damages. 2.3.4 Action for recovery. 2.3.5 Action against levies. 2.4 Sum...
2. Report on the availability of judicial remedies (updated since 1999 Report). 2.1 Procedures concerning the direct effect of Article 88 (3). 2.1.1 General principles. 2.1.2 Judicial review. 2.1.3 Interim measures. 2.1.4 Remedies against civil or commercial acts. 2.1.5 Claim for damages. 2.2 Procedures concerning the enforcement of negative Commission decisions. 2.3 Procedures concerning the implementation of positive Commission decisions. 2.4 General assessment. 3. Cases. 3.1 Decision by th...
2. Outline on the availability of judicial relief under the legal system of Spain. 2.1 Procedures concerning the direct effect of Article 88 (3) EC. 2.1.1 Action for annulment or contesting the legality of the act. 2.1.2 Action for liability and damages from the State. 2.1.3 Action for suspension of the implementation (interim measures). 2.1.4 Procedures concerning the enforcement of negative Commission decisions. 2.2 Procedures concerning the enforcement of positive Commission decisions. 2.3...
2. Member State's legal system (update from the 1999 Report). 2.1 Procedures concerning the direct effect of Article 88 (3) EC. 2.2 Enforcement of negative Commission decisions. 2.3 Procedures concerning the implementation of positive Commission decisions. 3. Member State's cases and summaries. 3.1 Procedures concerning the direct effect of Article 88 (3) EC. 3.2 Enforcement of negative Commission decisions. 3.3 Enforcement of positive Commission decisions. 4. Assessment of the existing system.
2. Outline of the availability of judicial relief under the UK legal system. 2.1 Judicial Review. 2.2 Private law actions brought by individuals. 2.3 Recovery of illegal State aid by the government. 2.4 Assessment of the existing system. 2.5 Research methodology. 2.5.1 Electronic sources. 2.5.2 Printed sources. 2.5.3 English key words used for the research of cases. 2.5.4 Abbreviations used. 2.5.5 List of cases with summaries. 2.6 Cases concerning the direct effect of Article 88 (3) EC. 2.6.1...
Part II. Recovery of unlawful State aid: enforcement of negative Commission decisions by the Member States
1. Introduction, methodology.
Summary of EC law on recovery unlawful aid
2. Summary of EC law on recovery of unlawful aid. 2.1 Regulation No. 659/1999 laying down detailed rules for the application of Article 88 EC (the "Procedural Regulation"). 2.2 Regulation No. 794/2004 implementing Regulation No. 659/1999 (the "Implementing Regulation"). 2.3 Case law of the ECJ and of the CFI.
Summary, Obstacles to Efficient Recovery and Proposed Remedies, Proposed Best Practice Guidelines
3. Summary, obstacles to efficient recovery and proposed remedies, proposed best practice guidelines. 3.1 Summary. 3.1.1 Competent authorities. 3.1.2 Substantive rules applicable to recovery. 3.1.3 Procedural rules applicable to recovery. 3.1.4 Immediate enforcement and interim relief. 3.1.5 Protection of legitimate expectations as a means of preventing recovery. 3.1.6 Insolvency. 3.1.7 Table on summary of key findings. 3.2 Obstacles to efficient recovery and proposed remedies. 3.2.1 Lack of ...
4. Belgium. 4.1 National authorities responsible for recovery. 4.2 Rules applicable to recovery. 4.2.1 Civil recovery procedure. 4.2.2 Adoption of a law ensuring the recovery of the aid -The Maribel Case. 4.2.3 Recovery of aid before foreign jurisdictions -the Ryanair Case. 4.2.4 Recovery from a bankrupt company -insolvency proceedings. 4.3 Actions for recovery (or opposing recovery) before national courts. 4.3.1 Actions by the State enforcing recovery. (1) Commercial Court of Kortrijk, Case ...
5. France. 5.1 National authorities responsible for recovery. 5.2 Rules applicable to recovery. 5.2.1 Public law. a) Recovery by the State. b) Recovery by local authorities. c) Suspensory effect and possible interim measures. 5.2.2 Civil law. a) Suspensory effect and interim measures. b) Insolvency proceedings. 5.3 Actions for recovery (or opposing recovery) before the national judges. 5.3.1 Actions by the State to enforce recovery. 5.3.2 Actions by competitors to enforce recovery. (8) Admini...
6. Germany. 6.1 Authorities responsible for recovery. 6.2 Rules applicable to recovery. 6.2.1 Public law. 6.2.2 Civil law. 6.2.3 Immediate Enforcement and suspensory effect. 6.2.4 Recovery in insolvency proceedings. a) General Insolvency Act. b) Practical problems. c) Insolvency plan. 6.3 Actions for recovery (or opposing recovery) before the national courts. 6.3.1 Action by the State. (14) Administrative Court ("Verwaltungsgericht") of Berlin, 15 August 2005, 20 A 135/05 (A); Higher Administ...
7. Italy. 7.1 Actions available for enforcement of negative Commission decisions. 7.1.1 Public law measures by national authorities. 7.1.2 Recovery through legislative measures. a) Recovery through other public law measures. 7.1.3 Private law measures. a) Payment order ("procedimento di ingiunzione"). b) Ordinary proceedings. 7.1.4 Interim measures. 7.2 Actions of beneficiary to oppose recovery order. 7.2.1 Actions based on illegality of national recovery orders. 7.2.2 Actions based on illega...
8. Spain. 8.1 Actions available for enforcement of negative Commission Decisions. 8.2 Public law measures by national authorities. (43) State aids C48/99 to C50/99, C52/99 to C54/99 and C58/00 to C/60/00, regarding illegal State aid granted to several companies located in the Basque Country. (44) State aid C/70/2001 ES, in connection with Hilados y Tejidos Puigneró, S.A. ("Puigneró"). (45) State Aid C51/1999 ES, in favour of Paneles Eléctricos, S.A. in the region of Navarra. (46) State Aid C9...
9. Other member states. 9.1 Austria. 9.1.1 Recovery Procedure. 9.1.2 Aid granted by way of contract. 9.1.3 Aid granted by way of an individual administrative act ("Bescheid"). 9.2 Denmark. 9.2.1 Recovery Procedure. 9.3 Finland. 9.3.1 Recovery Procedure. 9.4 Greece. 9.4.1 Recovery Procedure. 9.4.2 Decisions 1916/2002, 1917/2002 & 1918/2002 of the Hellenic Conseil d' Etat and decisions 1335/2002 and 1957/1999 of the Hellenic Conseil d' Etat. 9.4.3 Decision 89/2002 of the Suspensions Committee o...
