EU State Aid Law
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EU State Aid Law

Emerging Trends at the National and EU Level

Edited by Pier L. Parcu, Giorgio Monti and Marco Botta

The recent State Aid Modernization has decentralized the enforcement of State aid law. In particular, under the General Block Exemption Regulation a number of aid schemes do not require the preventive “check” by the European Commission, while national courts play a growing role in private enforcement of State aid law. This insightful book analyzes the enforcement of State aid law in the aftermath of the State Aid Modernization, identifying a number of emerging trends at the national and EU level.
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Chapter 9: Recent developments in German State aid jurisprudence: a scrutiny from the perspective of the preliminary reference procedure (Art. 267 TFEU)

Josef Weinzierl

Abstract

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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