Ecorys analyses the enforcement of EU state aid law in national courts

In 2015, the European Commission adopted the Procedural Regulation, which codifies detailed rules with regard to the enforcement of state aid rules. In the context of public and private enforcement of State aid law, national courts are expected to cooperate with the EU institutions actively. In particular, national courts can ask for a preliminary ruling from the CJEU in relation to the interpretation of the conditions mentioned in Art. 107(1) TFEU and the application of any aspect of the EU State aid acquis. Secondly, national courts can ask either for an opinion or for information from the EU Commission concerning a pending case or a case recently decided. Finally, the EU Commission can by its own motion intervene in national court proceedings via amicus curiae submissions.

Ecorys together with her partners Spark Legal Network, European University Institute and Caselex were awarded by the European Commission – DG Competition a study on the enforcement of State aid rules and decisions by national courts. Aim of the study is to assess how these new state aid rules laid down in the Procedural Regulation are enforced in the different national courts throughout the EU-28 Member States. For each of the Member States relevant case law will be collected, summarised and analysed.

Ecorys will undertake a research among national courts to gather knowledge on their use of and views on the cooperation tools provided for in Article 29 of the Procedure Regulation. Article 29 mentions three cooperation tools, more specifically; Request for information, Request for opinion and Amicus curiae. Each of these tools relate to information-sharing between a national court and the Commission or to requesting or receiving an opinion from the Commission on how EU state aid rules should be applied.

The study will start end of July 2018. Final results are expected by June 2019.