State Aid and Private Enforcement: an Overview of EU and National Case law

State aid private enforcement continues to develop rapidly with landmark cases that are some of the most important in competition law. This special issue will look at this type of competition law private enforcement which, given the recorded cases, is as developed, if not more developed, than enforcement in antitrust matters.
So much ground has been covered since the adoption of the frst Notice on the cooperation with national courts in 1995. The national courts of the EU Member States have continued to experience a surge in State aid cases, in particular in view of the current public and business interest on State aid matters in the recent years as well as the European Commission’s (‘Commission’) role as a strong advocate of private State aid litigation. But, more can be done as concluded below.
State aid private enforcement covers actions before national courts that aim at safeguarding the subjective rights of third parties against the violation of State aid rules by Member States to ensure the public enforcement of rules by the Commission. It also covers actions before national courts against beneficiaries who unlawfully benefit from that violation. Although State aid issues often involve a triangular relationship between the Member State, the beneficiary and the Commission, State aid private enforcement can also lead to disputes taking place only between private parties.