Volume 53 (2016) / Issue 2
Edoardo Gambaro, Francesco Mazzocchi, 'Private parties and State aid procedures: A critical analysis of the changes brought by Regulation 734/2013' (2016) 53 Common Market Law Review, Issue 2, pp. 385–417
This article provides a critical analysis of the changes brought by Regulation 734/2013 to the procedural rules on State aid proceedings from the perspective of private parties. The main changes to the procedure concerned the strengthening of the Commission’s investigations and the establishment of a new regulatory framework for the handling of complaints. These amendments were driven by public enforcement reasons and confirmed the role of undertakings as a source of information for the Commission, without granting them a more active role in the two-stage administrative phase. The aim of the contribution is to draw a picture of the position of private parties before the Commission in light of these amendments and to demonstrate that a broader and effective protection of rights of undertakings would not have been in conflict with the efficiency goals pursued by the reform.
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