Hofmann, Herwig C.H.; Morini, Alessandro --- "Judicial Review of Commission Decisions in State Aid" [2011] ELECD 712; in Szyszczak, Erika (ed), "Research Handbook on European State Aid Law" (Edward Elgar Publishing, 2011)

Book Title: Research Handbook on European State Aid Law

Editor(s): Szyszczak, Erika

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849802741

Section: Chapter 16

Section Title: Judicial Review of Commission Decisions in State Aid

Author(s): Hofmann, Herwig C.H.; Morini, Alessandro

Number of pages: 36

Extract:

16 Judicial review of Commission Decisions
in State aid
Herwig C.H. Hofmann and Alessandro Morini


This chapter focuses on annulment procedures brought against
Commission Decisions under Article 263 TFEU.1 Reflecting the rapid
evolution of key aspects of this litigation, it illustrates and contextualises
the background and origins of the problems the case law attempts to
address (I) and proposes paths to simplification and rationalisation of the
developments of the past years with regard to standing (II) as well as the
extent of judicial review (III)2 before drawing general conclusions for
the future role of general principles of law (IV) in this area. The chapter
shows the increasing importance of information-related general principles
of law in this field.


I. BACKGROUND

Judicial review is an essential aspect of ensuring accountability of the
exercise of public power as well as legality of administrative activity,
especially, firstly, given that State aid Decisions are often taken in politi-
cally highly sensitive areas affecting inter alia Member State tax systems,
regional policies or incentives for social developments, to name just a
few. The importance of effective judicial review arises also, secondly,
from the fact that in State aid cases the Commission decides in the
context of an investigative and not an adjudicative procedure, requiring
comparatively strict oversight over the exercise of far reaching powers
conferred on it.
Judicial review in State aid cases, however, takes place in the context
of asymmetric information. By nature of the procedural arrangements,
the Commission will be ...