We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Lufthansa and the Coherent Application of State Aid Law: What is the Role of National Judges in Concurrent Proceedings?
- Authors
Colombo, Carlo Maria
- Abstract
In Lufthansa, the CJEU has added other important elements to the long-disputed question of how national judges are to enforce art. 108 (3) TFEU. This time, the sensitive issue was how domestic courts, hearing an application to stop the implementation of alleged State aid, should deal with the Commission's preliminary decision to initiate a formal investigation on the measure. By focusing on the 'effective' outcomes of Lufthansa, this article sheds light on the coherent functioning of the ex ante control system for State aid, and, more generally, on the relationship between national judges and European Institutions. It argues that the judgment represents a coherent interpretation of the basic principles of the EU's constitutional order, and makes the role of national judges to enforce State aid rules even clearer and more relevant than before. This clarification is remarkably significant because it addresses certain gaps in the coherent enforcement of State aid law raised by the practical application of Lufthansa.
- Subjects
DEUTSCHE Lufthansa (1953- ); GOVERNMENT aid; COURT of Justice of the European Union; CRIMINAL procedure; EUROPEAN Commission
- Publication
Review of European Administrative Law, 2015, Vol 8, Issue 2, p319
- ISSN
1874-7981
- Publication type
Article
- DOI
10.7590/187479815X14465419060703