Emerging Trends at the National and EU Level
Edited by Pier L. Parcu, Giorgio Monti and Marco Botta
Chapter 9: Recent developments in German State aid jurisprudence: a scrutiny from the perspective of the preliminary reference procedure (Art. 267 TFEU)
The chapter aims at scrutinizing the latest jurisprudence of German courts (and the related European case law) with regard to the preliminary rulings in State aid law under Art. 267 TFEU. The analysis focuses specifically on (i) recent reactions to judgments from the Court of Justice of the European Union after preliminary references (ECJ), (ii) the compliance of German highest courts with their duty to refer under Art. 267 (3) TFEU in state aid, and (iii) how German jurisprudence thus contributes to the development of State aid law and specific aspects of it, such as procedural State aid law.
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