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Competition Policy

Amicus curiae observations - State aid

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.'

 

2018

Case

National Court

Commission amicus curiae observation

National Court
judgment

Summary & background

Polish highways - shadow toll compensation

Sąd Apelacyjny w Warszawie

16/11/2018, pl

5/6/2020

 

 

2017

Case

National Court

Commission amicus curiaeobservation

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

23/01/2019, sv

Enforcement of the arbitral award of compensation in Sweden would force Romania to grant State aid to Micula, which has been forbidden by Commission decision of 30/3/2015.

 

2016

Case

National Court

Commission amicus curiaeobservation

National Court
judgment

Summary & background

Eesti Pagar (Metaprint 3-15-241)

Tallinn District Court

30.12.2016

Supreme Court of Estonia, 19.12.2019,
EN - EE

Tallinn District Court 30.6.2020,
EN - EE

Final judgment in the Metaprint case (linked to Eesti Pagar) issued on 19.12.2019 and taking into account the Commission’s amicus curiae observations submitted on 30.12.2016 before the Tallinn District Court.
Case was sent back to the Tallinn District Court, who issued a judgment on 30.6.2020

Hellenic shipyards

Administrative Court of Athens

04/06/2016, el , (*1)
04/06/2016, el , (*2)
04/06/2016, el , (*3)
16/09/2019, el , (*3)
04/06/2016, el , (*4)
16/09/2019, el , (*4)

Judgment, el , (*1)
Judgment, el , (*2)
Judgment, el , (*3)
Judgment, el , (*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). Memorandum under Article 138 of Legal Administrative Code regarding the request to suspend the act of the tax authorities asking the payment of the recovery amount.
(*4) Observation on the main case against the recovery order (main case). Memorandum under Article 138 of Legal Administrative Code regarding the appeal against the recovery order (main case).

AS RevertaLatvia Supreme Court

22.12.2016

en (*1), lv (*2)
Supreme Administrative Court of the Republic of Latvia, judgment of 27.6.2018, lv (*3)Final judgment in the AS Reverta case

 

2015

Case

National Court

Commission amicus curiaeobservation

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 curiaeobservation

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