Abstract
EU State aid rules have become one of the hotspots of EU law especially since the financial crisis that has engulfed Europe for over a decade. Although Treaty rules are almost unchanged since 1957, new provisions were added, such as EU regulations, directives and soft law issued by the European Commission. The increasing volume of legal instruments led inevitably to a simultaneous rise in litigation. This paper discusses the role of the EU courts with a specific focus on state aid in the banking sector. In particular, it analyses three case studies, which are linked to three more general aspects of the ongoing debate in EU State aid law. First, the CJEU is progressively extending its jurisdiction to economic topics, such as the market operator principle, which were traditionally left to the sole Commission scrutiny. Second, there is a growing tendency in the case law of the EU courts to merge the notion of aid and the compatibility with the internal market, in particular in the sectors of banking and fiscal aid. Third, the cases analysed rise the question of what an adequate judicial protection for the individual rights affected such as those of shareholders and depositors should be. In conclusion, as regards EU State aid law and the banking sector more specifically; the Court’s jurisdiction has become more precise and detailed on technical issues. Consequently, a higher level of protection of individual rights shall be guaranteed.
| Translated title of the contribution | The ECJ and the notion of aid: aid to banks. |
|---|---|
| Original language | Italian |
| Title of host publication | AISDUE |
| Editors | giandomenico Caggiano |
| Place of Publication | rome |
| Pages | 350-367 |
| Publication status | Published - 2019 |