Abstract
[Autom. eng. transl.] 1. The obligation to pay compensation for breach of EU law and its possible relevance to state aid. - 2. Hypothesis of civil responsibility of the beneficiary: some appropriate clarifications. - 3. The object of the compensation action against the State and its possible "accumulation" with the direct effect of the art. 108.3 TFEU. - 4. Procedural autonomy and common substantive conditions of compensation protection. - 5. The condition of granting rights to individuals: some concerns with reference to art. 108.3 TFEU. - 6. The sufficiently characterized nature of the infringement and the foreseeable exceptions in the field of aid. - 7. Evaluation of causation; the relevance of the market structure and of Commission decisions (negative or positive). - 8. Various hypotheses of reparable damages and contradictory on the matter of proof; a comment on the Commission's cooperation with national judges. - 9. Damages due to failure or delay in the execution of a recovery decision (and the hypothesis of a provisional recovery order). - 10. The (problematic) action against the State by the beneficiary required to return the illegal aid. - 11. Compensation actions by subjects who do not operate in the sector of disbursement of illegal aid.
| Translated title of the contribution | [Autom. eng. transl.] Compensation as a private enforcement instrument of EU state aid law discipline |
|---|---|
| Original language | Italian |
| Pages (from-to) | 623-649 |
| Number of pages | 27 |
| Journal | DIRITTO DEL COMMERCIO INTERNAZIONALE |
| Volume | 27.3 |
| Publication status | Published - 2013 |
Keywords
- Aiuti di Stato
- Brasserie du Pecheur
- EU
- Factortame
- Francovich
- Risarcimento
- azione risarcitoria
- competition
- damage action
- direct effect
- private enforcement
- recupero
- responsabilità statale
- state aid
- state liability
- violazione del Diritto dell'UE
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