Court of Justice—State aid appeals

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This Overview guides practitioners to core materials on Court of Justice appeals in EU State aid, with links to legislation, procedure and cases. Appeals are central to the development of State aid law under Articles 107–109 TFEU and Council Regulation (EU) 2015/1589, determining the legality of Commission decisions and the scope of Member States’ discretion.

Practitioners should understand the Court of Justice’s role as an appellate court reviewing General Court judgments on points of law under the Statute of the Court of Justice of the European Union. Issues include admissibility and standing, the grounds of appeal (errors of law, procedural irregularities and distortion of facts), and the limits of review over economic assessments. The Overview explains who may appeal and intervene, the form and content of an appeal, procedural time limits, cross - appeals and interim measures.

Substantive questions frequently raised on appeal concern advantage and selectivity, the market economy operator principle, effect on trade and competition, services of general economic interest, legitimate expectations, limitation periods and the duty to state reasons. Remedies and outcomes - setting aside, referral back to the General Court or final judgment...

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