State aid raises important issues from the point of view of private law. First of all, the effects of the granting of the aid infringing article 107 of the Treaty on acts of private autonomy implementing that aid. This interesting question was the subject of a recent ruling by the Court of Cassation. The second issue concerns the sanctions applicable by Member States to companies that have received state aid and then relocate to other countries. Some criteria may be drawn from the jurisprudence of the Court of Justice: in fact the reference to the concept of abuse is increasingly frequent. This concept is closely linked not to competition between undertakings, but to the phenomenon of competition between the legal systems of the Member States.
State Aid and Civil Law Theory
Valeria De Oto
2020
Abstract
State aid raises important issues from the point of view of private law. First of all, the effects of the granting of the aid infringing article 107 of the Treaty on acts of private autonomy implementing that aid. This interesting question was the subject of a recent ruling by the Court of Cassation. The second issue concerns the sanctions applicable by Member States to companies that have received state aid and then relocate to other countries. Some criteria may be drawn from the jurisprudence of the Court of Justice: in fact the reference to the concept of abuse is increasingly frequent. This concept is closely linked not to competition between undertakings, but to the phenomenon of competition between the legal systems of the Member States.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
