General Court—State aid appeals

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This Overview guides you through practice content on appeals before the General Court in State aid matters, with links to procedural rules and authorities. State aid control under Articles 107–109 TFEU is enforced by the European Commission; judicial review before the General Court under Article 263 TFEU is the primary route to challenge Commission decisions, including negative decisions with recovery and decisions not to raise objections.

Practitioners should assess admissibility. Member States are privileged applicants. Aid beneficiaries and competitors must show direct and individual concern, or rely on the position of “interested parties” to enforce procedural rights against a decision not to raise objections under Regulation (EU) 2015/1589. Time limits are two months from notification or publication. Intervention and confidentiality issues frequently arise, as do applications for interim measures to suspend recovery; no automatic suspensive effect attaches to an action.

On the merits, the General Court reviews compliance with Article 296 TFEU, diligence, and the Commission’s economic and technical assessments. While discretion exists in complex appraisals, review covers manifest error, misuse of powers and proportionality, and requires sufficiently reliable and consistent evidence. Remedies include annulment (in whole...

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