Legal base
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.'
2025
Case | Blasket against Spain
National Court | Voorzieningsrechtbank Amsterdam
Commission amicus curiae observation | Commission amicus curiae observation of 15/07/2025 (available in NL language)
National Court judgment | Case has been withdrawn
Summary & background | Arbitral award under the Energy Charter Treaty – the observations by the Commission aim at asking to lift enforcement of the arbitral award against Spain – as annex to the Commission’s observations, the 2019 judgment of the Court of Appeal of Warsaw is added, whereby the Polish Court of Appeal annulled the arbitral award as being in contradiction with EU State aid rules
2024
Case | 44 septies
National Court | Cour de Cassation - France
Commission amicus curiae observation | Commission amicus curiae observation of 01/10/2024 (available in FR language)
National Court judgment |
Summary & background | Effective enforcement of State aid rules – Obligations for national authorities and national courts from a COM decision – Conflict between EU State aid rules and national insolvency proceedings – Obligation to set aside national rules
2023
Case | Spain v. RWE Renewables and others
National Court | Oberlandsgericht Hamm
Commission amicus curiae observation | Commission amicus curiae observation of 27/04/2023 (available in DE language)
National Court judgment | Court judgment of 02/05/2023 (available in DE language)
Summary & background | Enforcement of ICSID award - injonction against RWE not to pursue efforts to seek an anti suit injunction before courts of third countries to protect enforcement of the ICSID award in a third country – Prohibition to circumvent Article 108(3) TFEU
Case | Spain v. Solar Energy – Ampere Equity Fund
National Court | Court of Amsterdam
Commission amicus curiae observation |
- Commission amicus curiae observation of 22/12/2023 (available in NL language)
- Commission amicus curiae observation of 17/10/2024 (available in NL language)
National Court judgment | Court judgment of 05/02/2025 (available in NL and EN languages)
Summary & background | Spain was ordered to pay damages to AES and AEF in an arbitration award. The arbitration was commenced on the basis of the Energy Charter Treaty. This court concludes that that order against Spain constitutes a form of State aid if enforcement measures are carried out against Spain. In that case, AES and AEF will be ordered to repay what Spain has paid.
Case | Polish highways - shadow toll compensation
National Court | Supreme Court of Poland
Commission amicus curiae observation | Commission amicus curiae observation of 6 December 2021 (available in PL language)
National Court judgment | N/A (case withdrawn)
Summary & background | requirement to assess under State aid rules a compensation granted through arbitral award
2021
Case | Micula
National Court | Cour de Cassation - Luxembourg
Commission amicus curiae observation | Commission amicus curiae observation of 4/8/2021 (available in FR language)
National Court judgment | Court judgment of 14/07/2022 (available in FR language)
Summary & background | 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 - exequatur
2020
Case | T4658
National Court | Svea Hovrätt
Commission amicus curiae observation | Commission amicus curiae observation of 30/07/2020 (available in SV language)
National Court judgment | Court judgment of 13/12/2022 (available in SV language)
Summary & background | Judgement in case Novenergia II
Case | T1626-19
National Court | Svea Hovrätt
Commission amicus curiae observation | Commission amicus curiae observation of 17/12/2020 (available in SV language)
National Court judgment |
Summary & background | Observations in the case Foresight Luxembourg Solar 1 before the Swedish Court
2019
Case | Micula 1657-19
National Court | Svea Hovrätt
Commission amicus curiae observation | Commission amicus curiae observation of 25/10/2019 (available in SV language)
National Court judgment | Court judgment of 20/05/2021 (available in SV language)
Summary & background | Enforcement of the arbitral award of compensation in Sweden would lead to grant State aid to Micula, which has been forbidden by Commission decision of 30/03/2015 - order closing the case without judgment
2018
Case | Polish highways - shadow toll compensation
National Court | Sąd Apelacyjny w Warszawie
Commission amicus curiae observation | Commission amicus curiae observation of 16/11/2018 (available in PL language)
National Court judgment | 5/6/2020
Summary & background |
Case | Micula e.a. v. Romatsa e.a. (2016/AR/393-394)
National Court | Cour d’Appel de Bruxelles
Commission amicus curiae observation |
- Commission amicus curiae observation of 31/08/2018 (available in FR language)
- Commission amicus curiae observation of 17/12/2018 (available in FR language)
- Commission amicus curiae observation of 30/05/2022 (available in FR language)
National Court judgment |
- Court judgment of 12/03/2019 (available in FR language)
- Court judgment of 27/09/2022 (available in FR language)
Summary & background | Enforcement of the arbitral award of compensation in Belgium by the enforcement jurisdictions would lead to grant State aid to Micula, which has been forbidden by Commission decision of 30/3/2015.
2017
Case | Magic Mountain Kletterhallen
National Court | Oberverwaltungsgericht Berlin
Commission amicus curiae observation | Commission amicus curiae observation of 05/12/2017 (available in DE language)
National Court judgment | Court judgment of 18/12/2017 (available in DE language)
Summary & background | Commission Decision is final after preliminary investigation, when not challenged by beneficiary, and hence cannot be put into question by national court.
Case | Micula
National Court | Nacka District Court, Sweden
Commission amicus curiae observation | Commission amicus curiae observation of 26/10/2017 (available in SV language)
National Court judgment | Court judgment of 23/01/2019 (available in SV language)
Summary & background | 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 | Eesti Pagar (Metaprint 3-15-241)
National Court | Tallinn District Court
Commission amicus curiae observation | Commission amicus curiae observation of 30.12.2016 (available in EN language)
National Court judgment |
- Supreme Court of Estonia judgment of 19.12.2019 (available in EE and EN languages)
- Tallinn District Court judgment of 30.6.2020 (available in EE and EN languages)
Summary & background | 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
Case | Hellenic shipyards
National Court | Administrative Court of Athens
Commission amicus curiae observation |
- Commission amicus curiae observation of 04/06/2016 (*1) (available in EL language)
- Commission amicus curiae observation of 04/06/2016 (*2) (available in EL language)
- Commission amicus curiae observation of 04/06/2016 (*3) (available in EL language)
- Commission amicus curiae observation of 16/09/2019 (*3) (available in EL language)
- Commission amicus curiae observation of 04/06/2016 (*4) (available in EL language)
- Commission amicus curiae observation of 16/09/2019 (*4) (available in EL language)
National Court judgment |
- Court judgment (*1) (available in EL language)
- Court judgment (*2) (available in EL language)
- Court judgment (*3) (available in EL language)
- Court judgment (*4) (available in EL language)
Summary & background |
- (*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).
Case | AS Reverta
National Court | Latvia Supreme Court
Commission amicus curiae observation | Commission amicus curiae observation of 22.12.2016 (available in LV and EN languages)
National Court judgment | Supreme Administrative Court of the Republic of Latvia, judgment of 27.6.2018 (available in LV language)
Summary & background | Final judgment in the AS Reverta case
2015
Case | French airport cases
National Court | Cour administrative d'appel de Bordeaux
Commission amicus curiae observation | Commission amicus curiae observation of 25/11/2015 (available in FR language)
National Court judgment | Court judgment (available in FR language)
Summary & background | Référé provision - Obligation for national judge to set aside FR law which impedes effective recovery (automatic suspensive effect of the law)
2014
Case | SNCM
National Court | Cour administrative d'appel de Marseille
Commission amicus curiae observation | Commission amicus curiae observation of 05/08/2014 (available in FR language)
National Court judgment | Court judgment (available in FR language)
Summary & background | Obligations for national authorities from a COM decision. Definition of a SGEI. Tender procedure for selection to SGEI provider
Case | Micula
National Court | Secţiei a Ill-а Civilă a Tribunalului Bucureşti
Commission amicus curiae observation | Commission amicus curiae observation 26/05/2014 (available in RO language)
National Court judgment | Case is pending
Summary & background | 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
Case | Micula
National Court | Tribunalul Bucureşti
Commission amicus curiae observation | Commission amicus curiae observation of 07/05/2014 (available in RO language)
National Court judgment | Court judgment (available in RO language)
Summary & background | 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