Volume 45 (2008)

Volume 45 (2008) / Issue 2

Jens-Daniel Braun, Jürgen Kühling, 'Article 87 EC and the Community courts:From revolution to evolution' (2008) 45 Common Market Law Review, Issue 2, pp. 465–498


The authors put forward several assumptions as regards the development of EC State aid law.First, they argue that after a period of rather revolutionary changes running from 2000 to 2003 where the Court has used a series of suitable cases to redefine the notion of State aid, the following years have been a phase of consolidation and slow evolution Second, they demonstrate that the Courts have provided for more clarity as regards the criteria of Article 87 (1) EC in the last few years although, the brevity of the Court’s reasoning still poses a significant problem. Particularly the selectivity criterion still lacks sufficient clarity. Third, the application of the more economic approach of the Commission is to be welcomed in principle in the authors’ view as it might bring about the opportunity to have a stricter rationale in the application of Article 87 (3) EC. Fourth, the most important challenge for the future of EC State aid law lies in finding an answer to the question how to improve the enforcement of the existing rules. Fifth, they argue that better control and enforcement at the national level is of key importance. According to the authors, innovative institutional arrangements such as the Commissioner for Public Aid in Cyprus might be needed in this respect. Finally, they show that the current approach of the Community Courts with regard to the question of standing is not convincing and serves as a disincentive to competitors to bring cases before the Community Courts.

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ISSN: 0165-0750
ID: COLA2008029