Amicus curiae observations

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.'

2021
Case	National Court	*Commission amicus curiae* observation**	National Court judgment	Summary & background
Micula	Cour de Cassation - Luxembourg	4/8/2021 fr	14/07/2022, fr	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

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 Reverta	Latvia 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

Amicus curiae observations - State aid

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