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State Aid

PR(09)42: The EFTA Surveillance Authority adopts new Guidelines on Enforcement of State Aid Law by National Courts


The EFTA Surveillance Authority has today adopted a new chapter of its State Aid Guidelines on enforcement of state aid law by national courts. The new chapter corresponds to the Notice adopted by the European Commission on enforcements of state aid law by national courts except for necessary adjustments based on particularities of the EEA Agreement.

The new chapter explains the role of national courts in the state aid field and informs national courts and third parties of the remedies available in the event of a breach of the state aid rules of the EEA Agreement. Moreover, national courts are offered information and opinions from the Authority on the practical application of these rules.

Proceedings before national courts give third parties the opportunity to resolve many state aid related concerns directly at national level, in particular concerning the recovery of illegal aid from the beneficiary, interim relief or possible damages actions. Also, national courts can offer claimants very effective remedies in event of a breach of the state aid rules. This can in turn contribute to stronger overall state aid discipline and offer considerable benefits for state aid policy.

The new chapter of the State Aid Guidelines on enforcement of state aid law by national courts replaces the chapter on cooperation between national courts and the Authority in the state aid field. By introducing the new chapter, the Authority seeks to develop its cooperation with national courts by introducing more practical tools for supporting national judges in their daily work.

For further information, please contact:

Mr. Per Andreas Bjørgan
Director, Competition and State Aid Directorate
Tel. (+32)(0)2 286 18 36


Brussels, 10 June 2009

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