General Principles of State Aid Proceedings and Protection of Private Parties' Interests (Pagrindiniai valstybės pagalbos proceso teisės principai ir privačių asmenų interesų apsauga) (Lithuanian)

Abstract

This article is devoted to present main principles of the EC state aid proceedings to a Lithuanian reader. The author considers the role of general principles of EC law in the application of Art. 88 EC by the Commission, European and national courts. Nevertheless, the major emphasis is given to the recent proposals how to make the EC state aid law enforcement more effective trying to reach a balance between the interests of Community, Member States and market operators. Grave arguments are provided in order to prove that the right of beneficiary undertaking to notify the Commission about the potential state aid measure would be detrimental. It is also proposed to expand the rights of private parties and especially recipient undertaking in notification proceeding at a national niveau as well as in formal proceedings before the Commission. Although the question of private state aid enforcement is not analysed in particular, the author believes that this mean is one of the most appropriate means striving to maximize the efficiency of state aid policy enforcement.