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Competition Policy

Consultation on the Notice on the enforcement of State aid rules by national courts

Policy field

Competition: State aid


Target group

Public authorities, citizens, companies and organisations are welcome to contribute to this consultation. Contributions are particularly sought from the national courts and authorities dealing with State aid, academics and lawyers.


Period of consultation

From 22.01.2021 to 16.04.2021


Objective of the consultation

With the 2009 Enforcement Notice the Commission explained the application of State aid rules at national level. Since then, the case law of the Union Courts and the regulatory framework for State aid have evolved.

Since 2012, as a result of the State Aid Modernisation, Member States grant more aid without prior control by the Commission. In 2019, the Enforcement Study revealed an increase in the number of State aid cases brought before national courts. Despite this increase over the Study period, national courts have rarely awarded remedies, while the means of cooperation with the Commission have not been widely used.

The draft Notice now under consultation emphasizes the importance the Commission attaches to the enforcement of State aid rules at national level. It provides guidance to national courts when they apply these rules and encourages closer cooperation with the Commission.


How to submit your contribution

We welcome contributions from citizens, organisations and public authorities.

  • If you are answering this consultation as a citizen, please click stateaidgreffeatec [dot] europa [dot] eu (subject: HT.5303%20-%20Reply%20from%20a%20citizen) (here) to submit your contribution.
  • If you are answering this consultation on behalf of an organisation, please click stateaidgreffeatec [dot] europa [dot] eu (subject: HT.5303%20-%20Reply%20from%20an%20organisation) (here) to submit your contribution.
  • If you are answering this consultation on behalf of a public authority, please click stateaidgreffeatec [dot] europa [dot] eu (subject: HT.5303%20-%20Reply%20from%20a%20public%20authority) (here) to submit your contribution.

Received contributions will be published on this webpage. Submissions that are clearly marked "confidential" will be treated as such and not published. In that case please also provide a non-confidential version of your reply. It is important to read the privacy statement attached to this consultation for information on how your personal data and contribution will be dealt with.

Please note that we cannot guarantee to take account of replies received after the deadline.
We would appreciate receiving documents in an electronic format.


Consultation document / Questionnaire

Draft Enforcement Notice (PDF): bg cs da de el en es et fi fr hr hu it lt lv mt nl pl pt ro sk sl sv 


Reference documents and other, related consultations

2009 Enforcement Notice: Commission notice on the enforcement of State aid law by national courts, OJ C 85, 9.4.2009, p. 1


Contact details

Responsible service: Directorate-General for Competition – Unit H4 - State aid enforcement and monitoring
Please always indicate the reference number in your correspondence: HT.5303 – Review of Enforcement Notice
E-mail: COMP-H4-PUBLIC-CONSULTATIONatec [dot] europa [dot] eu (COMP-H4-PUBLIC-CONSULTATION[at]ec[dot]europa[dot]eu)

Postal address:
European Commission
Directorate-General for Competition
State aid Registry
Ref.: HT.5303 Review of Enforcement Notice
1049 Bruxelles/Brussel