Private Enforcement of EU State Aid Rules: Is There Any Room for National Procedural Autonomy Left?

Abstract

This article deals with the private enforcement of EU State aid rules in national civil proceedings. This kind of enforcement proved to be highly challenging for national judges, particularly those who ignore the limits of the principle of national procedural autonomy. Since the full understanding of those limits is crucial (also) for private enforcement activities, we focus on the principle of the effectiveness of EU law which, when interpreted and applied correctly, most intensively limits national procedural autonomy. In fact, it is questionable if Member States and their courts and judges enjoy a real or genuine autonomy in the discussed field. For this reason, the article first sets the scene by discussing the fundamental legal concepts and principles as being essential for the private enforcement of EU State aid rules in national civil litigious proceedings, and the interplay between private and public enforcement proceedings. The public enforcement case law is used as a benchmark or guide when dealing with open questions of private enforcement. The article offers a careful analysis of selected legal challenges related to remedies and res judicata, which clearly reveal the limits of the principle of national procedural autonomy as mostly set by the principle of effectiveness of EU law. Finally, the main findings of the article are considered in order to answer the core research question; namely, is there any room left for national procedural autonomy (also) in case of private enforcement of EU State aid rules in proceedings before national civil courts?