Court of Justice—State aid national references

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This Overview signposts key materials on national court references to the Court of Justice in State aid matters and how to use them in practice. Preliminary references under Article 267 TFEU are central to the uniform application of Articles 107–109 TFEU and the private enforcement of the standstill obligation in Article 108(3). They allow national courts to seek authoritative interpretation of the notion of aid, exemptions and procedural duties, and to test the validity of Commission instruments (which, under the Foto - Frost principle, they cannot annul themselves).

Practitioners should understand when reference is required (including for courts of last instance, subject to CILFIT), the formulation of precise questions, and the interaction with Commission procedures under Council Regulation (EU) 2015/1589. National courts must safeguard rights flowing from Article 108(3), including suspension, recovery and interest; CJEU case law addresses the availability of damages where the standstill rule is breached. References commonly concern the classification of measures, application of the General Block Exemption Regulation (Regulation (EU) No 651/2014) and the De Minimis Regulation, and the scope of legitimate expectations and limitation periods.

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