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.'
2023
Case | Spain v. RWE Renewables and others
National Court | Oberlandsgericht Hamm
Commission amicus curiae observation | 27/04/2023 de
National Court judgment | 02/05/2023
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
2021
Case | Micula
National Court | Cour de Cassation - Luxembourg
Commission amicus curiae observation | 4/8/2021 fr
National Court judgment | 14/07/2022, fr
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 | 30/07/2020 sv
National Court judgment | 13/12/2022 sv
Summary & background | Judgement in case Novenergia II
Case | T1626-19
National Court | Svea Hovrätt
Commission amicus curiae observation | 17/12/2020 sv
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 | 25/10/2019, sv
National Court judgment | 20/05/2021, sv
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 | 16/11/2018, pl
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 |
National Court judgment |
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 | 05/12/2017 de
National Court judgment | 18/12/2017 de
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 | 26/10/2017, sv
National Court judgment | 23/01/2019, sv
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 | 30.12.2016
National Court judgment |
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 |
- 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)
National Court judgment |
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 | 22.12.2016 en (*1), lv (*2)
National Court judgment | Supreme Administrative Court of the Republic of Latvia, judgment of 27.6.2018, lv (*3)
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 | 25/11/2015, fr
National Court judgment | Judgment fr
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 | 05/08/2014, fr
National Court judgment | Judgment, fr
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 | 26/05/2014 ro
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 | 07/05/2014 ro
National Court judgment | Judgment ro
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