Individual concern in the State aid action for annulment in light of the notion of State aid

Anna Nowak-Salles

European Competition Journal, 2019, vol. 15, issue 2-3, 327-346

Abstract: Competitors of aid beneficiaries bringing an action for annulment against a State aid decision must demonstrate that their position on the market is substantially affected. However, the interpretation of this criterion seems inconsistent with the concept of State aid, in particular with the notions of selective advantage and distortion of competition. Indeed, substantial effect privileges selective disadvantage over selective advantage and requires actual harm where a simple threat of distortion of competition is enough. This inconsistency has far-reaching implications because the interpretation of admissibility criteria encroaches upon the interpretation of the notion of State aid. Therefore, by narrowing down the scope of challengeable State measures, the Court effectively excludes from the scope of judicial review an important part of measures falling under Article 107(1) TFEU. Consequently, admissibility conditions should be mitigated and aligned with the logic of State aid law for the sake of completeness of EU State aid control.

Date: 2019
References: Add references at CitEc
Citations:

Downloads: (external link)
http://hdl.handle.net/10.1080/17441056.2019.1687186 (text/html)
Access to full text is restricted to subscribers.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:taf:recjxx:v:15:y:2019:i:2-3:p:327-346

Ordering information: This journal article can be ordered from
http://www.tandfonline.com/pricing/journal/recj20

DOI: 10.1080/17441056.2019.1687186

Access Statistics for this article

European Competition Journal is currently edited by Philip Marsden

More articles in European Competition Journal from Taylor & Francis Journals
Bibliographic data for series maintained by Chris Longhurst ().