Il ruolo delle giurisdizioni nazionali in materia di aiuti di Stato nell’ambito dello Spazio europeo di libertà, sicurezza e giustizia

Abstract

The paper analyses the peculiar issues relating to the determination of jurisdiction and applicable law in cases related to the private enforcement of the EU State Aid rules. Despite a scarce practice, the work distinguishes actions against the State from disputes brought against beneficiaries, due to some peculiar features of these claims with respect to the application of EU regulations in civil judicial cooperation. The analysis shows some limits as to their applicability, some qualification problems, and some contradictions arising from the application of the rules on non-contractual liability (art. 7, no. 2 Regulation no. 1215/2012 and Regulation Rome II).