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Which national authority or body is responsible for the oversight of state aid in your country, in particular the identification of new aid measures and their notification to the European Commission, the monitoring of existing aid measures for compliance with EU state aid rules and decisions, the submission of annual reports on existing aid schemes to the European Commission and cooperation more generally with the European Commission on state aid matters?
Does any authority monitor the national legislative process to identify potential aid measures? Does this independent authority have sufficient powers to prevent the legislature or government from adopting aid measures that do not comply with EU state aid rules?
What are the competences of the national authority responsible for state aid control, and what is the legal basis for these powers in domestic law? Does this authority have the power to grant interim measures in addition to any interim relief that may be available in the national courts?
Aside from the role played by the European Commission and national courts in enforcing EU state aid rules, does the national authority responsible for state aid control accept complaints made by competitors, other interested parties, or other third parties regarding potentially unlawful and incompatible aid measures?
Does the national authority responsible for state aid regularly cooperate or exchange information with the state aid authorities in other member states? If so, are there formal structures to facilitate this cooperation and information exchange, or does this occur on a purely ad hoc basis?
Which body represents your country in state aid proceedings before the EU courts?
Is there a national register or other central source of data on national aid measures? Are the various state aid reports, complaints, decisions, etc, published?
Describe any recent developments in substantive or procedural rules under domestic law relating to state aid.
Is there a specific legislative or administrative scheme under national law relating to the application or enforcement of EU state aid rules?
Are there national rules or guidelines relating to the implementation of EU state aid rules, in particular EU guidelines?
Are there national rules or guidelines relating to the process of applying for, and the granting of, state support?
How is the concept of "service of general economic interest" (SGEI) defined on the national level? Did the definition recently lead to disputes, and, if so, how was the dispute adjudicated?
Do any studies on national enforcement of EU state aid rules exist? If so, describe the main subjects and results of these studies.
Do all national courts have jurisdiction to apply state aid rules? Or do certain dedicated courts have specific jurisdiction for state aid cases?
Can the judgment of a national court on a state aid matter be appealed? If so, what grounds of appeal are available, and which court can hear the appeals? Does an appeal of a recovery order entail an automatic suspension of the obligation to recover unlawful aid (not notified) pending the outcome of the appeal?
Do national courts sometimes confuse the concept of unlawful aid with incompatible aid?
Do national courts sometimes confuse the concept of new aid with existing aid?
Do national courts traditionally refer questions regarding the interpretation of EU state aid rules to the Court of Justice? Provide any notable examples of preliminary references made on state aid questions.
Do national courts use the possibilities offered by article 29 of Regulation 2015/1589 (Procedural Regulation) providing for the amicus curiae conditions in state aid matters? Has the Commission submitted written observations to national courts and asked authorisation to appear in court hearings?
Describe recent developments regarding state aid cases before national courts.
Under national procedural rules, can a government measure be challenged directly in court on the grounds of illegal state aid, or do applicants first have to go through a preliminary administrative review procedure? If so, describe the steps involved in this procedure.
Under national procedural rules, who has legal standing to challenge a government measure in court on the grounds of illegal state aid?
Can a national authority argue in domestic court proceedings that a particular measure contains unlawful state aid, or are there any procedural bars to doing so?
What are the limitation periods under national procedural rules for a party seeking to invoke unlawfulness under state aid rules in domestic court proceedings?
Does any provision of national law prevent an individual with standing from bringing state aid proceedings in the domestic courts concurrently with an investigation by the European Commission (eg, if the individual has complained to the Commission in parallel, or the Commission has started an investigation on its own initiative)?
Under which circumstances will a national court stay proceedings as to the existence of state aid pending a Commission investigation?
What are the consequences for national courts if the Commission has already come to the preliminary conclusion in its opening decision that the measure constitutes incompatible state aid?
How do national courts react to the Deutsche Lufthansa case? By referring matters to the European Commission (for amicus curiae support) or to the Court of Justice of the European Union (CJEU) for a preliminary ruling under article 267 TFEU?
What is the burden of proof in state aid cases before national courts?
In light of the EU law obligation on national courts to protect the rights of individuals affected by the unlawful implementation of state aid, what are the requirements under national law for a plaintiff seeking interim measures in the courts, in particular to prevent the grant of aid? In what form and under what circumstances can interim relief be granted?
What remedies are available to a national court if it determines that a non-notified measure contained state aid?
In light of the EU law requirement that national courts must, in principle, order the full recovery of unlawful state aid from a beneficiary, are there any domestic law provisions that may hinder a national court from ordering the recovery of non-notified state aid? Do national courts set aside such domestic law provisions as required by the Court of Justice’s case law?
Would the national court necessarily declare a guarantee invalid if it secures a loan constituting aid and was granted in breach of article 108(3) TFEU? Does it make a difference if the only aid beneficiary is the borrower and not the lender?
How can a competitor of the beneficiary or other affected third parties claim compensation from the authority granting the state aid for damages caused by the aid? Explain the steps involved in bringing such an action for damages. Explain the steps involved in bringing such an action for damages and how national courts have applied the criteria of the relevant EU case law.
How can a third party claim compensation from the member state for damage caused by failure to respect the standstill obligation?
Under national law, can a third party bring damages actions against the beneficiary?
Under national law, how can a beneficiary bring damages actions against the member state as per the SFEI case law of the Court of Justice for having unlawfully granted aid? How do national courts avoid the risk of circumvention of EU state aid rules?
What are the consequences of a violation of EU state aid rules for the validity and enforceability of the aid measure under national law? Are the consequences the same for unlawful aid that was not notified to the Commission as for aid that the Commission has ultimately determined as incompatible with the internal market?
What are the consequences of a violation of EU state aid rules for the validity of a government regulation or contract containing the aid measure, and for subsequent regulations or contracts linked to the aid measure? Are the consequences the same for unlawful aid that was not notified to the Commission as for aid that the Commission has ultimately determined to be incompatible with the internal market?
Describe any major state aid investigations opened by the Commission against your country over the past 12 months. State whether these investigations were specific to your country or part of a broader investigation into several member states.
Has the Commission suggested appropriate measures concerning existing aid measures in your country over the past 12 months?
Has the Commission ever opened specific investigations against your country following a sector inquiry?
Has your country ever been subject to an injunction by the Commission to suspend or provisionally recover aid under article 13 of Regulation 2015/1589?
Has your country ever been subject to an infringement procedure under article 108(2) TFEU and article 260 TFEU?
Has the European Commission ever undertaken on-site state aid monitoring visits based on article 27 Regulation 2015/1589 (previously article 22 of Regulation 659/1999)? How were the visits carried out? What measures were taken to assist the officials and experts carrying out the visit?
Which national authority orders the recovery of state aid following a Commission decision, a judgment of the Court of Justice, or a national court judgment?
What procedural or administrative actions are contemplated in the national law for the recovery of unlawful or incompatible state aid?
What actions are available to the national recovering authority seeking to force an unwilling beneficiary to refund the unlawful and incompatible state aid?
Can an individual with standing bring an action in the national courts for the purpose of: challenging the validity of the national recovery order implementing the Commission’s recovery decision; or suspending the national recovery order pending a final decision either on the validity of the national recovery order itself, or on the validity of the Commission’s recovery decision?
Can third parties with standing obtain a mandatory order from the court that forces the relevant national authority to recover funds from a beneficiary of incompatible state aid where the former has failed to implement a recovery decision by the European Commission?
What defences by beneficiaries against recovery have been accepted by national authorities or courts?
What is the situation under national law if recovery was ordered by a national court owing to the violation of the standstill obligation but the aid is later declared compatible with the internal market by the European Commission?
How do national courts apply the CELF I case law (Case C-199/06)?
How do national courts handle cases where the Commission has not yet decided on compatibility?
Are the recovery interests paid by a beneficiary tax deductible under national tax rules?
Is aid that was granted in the form of a fiscal measure always recovered through a new tax assessment, or do the national authorities use the freedom of choice under EU law to recover through the easiest available and most efficient method, even if not fiscal?
Which sectors have received the highest amounts of aid in the past five years?
Provide information on the amounts of state aid paid out under approved state aid schemes and individually approved state aid for the past five years.
Provide information on any other special features of your country’s state aid regime not covered above.
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