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Cooperation with national courts (State aid)

Amicus curiae

Article 29, paragraph 2, of Council Regulation (EU) 2015/1589 (the 'Procedural Regulation') establishes that:

'Where the coherent application of Article 107(1) or Article 108 TFEU so requires, the Commission, acting on its own initiative, may submit written observations to the courts of the Member States that are responsible for applying the State aid rules. It may, with the permission of the court in question, also make oral observations.

The Commission shall inform the Member State concerned of its intention to submit observations before formally doing so.

For the exclusive purpose of preparing its observations, the Commission may request the relevant court of the Member State to transmit documents at the disposal of the court, necessary for the Commission's assessment of the matter.'

Amicus curiae observations issued

2017

Case National Court Commission amicus curiae observation National Court
judgment
Summary & background
Magic Mountain Kletterhallen Oberverwaltungsgericht Berlin 05/12/2017 de 18/12/2017 de Commission Decision is final after preliminary investigation, when not challenged by beneficiary, and hence cannot be put into question by national court.
Micula Nacka District Court, Sweden 26/10/2017, sv
  Observation on Micula case

2016

Case National Court Commission amicus curiae observation National Court
judgment
Summary & background
Hellenic shipyards Administrative Court of Athens 04/06/2016, el , (*1)
04/06/2016, el , (*2)
04/06/2016, el , (*3)
04/06/2016, el , (*4)
Judgment, el , (*1)
Judgment, el , (*2)
Case is pending (*3)
Case is pending (*4)
(*1) Observation on the application for suspension of the recovery order. (*2) Observation on the suspension of the tax authorities' acts confirming the recovery amount as debt of the company and requesting the payment of this debt.
(*3) Observation on the application to set aside tax authorities' acts confirming the recovery amount as debt of the company and requesting the payment of this debt (main case).
(*4) Observation on the main case against the recovery order (main case).

2015

Case National Court Commission amicus curiae observation National Court
judgment
Summary & background
French airport cases Cour administrative d'appel de Bordeaux 25/11/2015, fr
Judgment fr Référé provision - Obligation for national judge to set aside FR law which impedes effective recovery (automatic suspensive effect of the law)

2014

Case National Court Commission amicus curiae observation National Court
judgment
Summary & background
SNCM Cour administrative d'appel de Marseille 05/08/2014, fr Judgment, fr - Obligations for national authorities from a COM decision
- Definition of a SGEI
- Tender procedure for selection to SGEI provider
Micula Secţiei a Ill-а Civilă a Tribunalului Bucureşti 26/05/2014 ro Case is pending Challenge to the enforcement of ICSID Award - Conflict between EU Law and a Bilateral Investment Treaty - Conflict between EU State aid rules and content of ICSID Award – EU Law supremacy and direct effect – New and incompatible State aid – Powers and obligations of National Courts
Micula Tribunalul Bucureşti 07/05/2014 ro Judgment ro Recognition and Enforcement of ICSID Award - Conflict between EU Law and a Bilateral Investment Treaty - Conflict between EU State aid rules and content of ICSID Award – EU Law supremacy and direct effect – New and incompatible State aid – Powers and obligations of National Courts
  
  
 Antitrust - State aid