NOTE
12. april 2021
2021 - 3451
miy
Danish response to the Commission’s invitation to comment on
the
new Commission Notice on the enforcement of State aid rules by na-
tional courts
The Danish government appreciates the opportunity to comment on the Eu-
ropean Commission’s
Notice on the enforcement of State aid rules by na-
tional courts.
General comments
Overall, the Danish Government can support the new notice and finds that
it is a useful and practical tool for national courts and other interested par-
ties regarding the enforcement of State aid rules cooperation with the Com-
mission. We find it positive that the Notice now reflects the developments
in case law of the Union Courts since the 2009. We also appreciate that the
new notice
includes the findings in the ‘Study on the enforcement of State
aid rules and decisions by national courts (COMP/2018/001)’.
The Danish Government supports a close cooperation between the Com-
mission and the national courts. The Notice will support a coherent appli-
cation of the EU State aid rules in the Member states, which is important
to ensure a level playing field for undertakings in the European Union.
Specific comments
Provision 83
The draft
states that “With
regard to the prescription period applied to na-
tional court’s powers to order recovery, the Union Courts have ruled that
the ten-year limitation period provided for by the Procedural Regulation
applies solely to the Commission. As long as national procedures provide
for a longer prescription period, a national judge must order the recovery
of aid granted in violation of the standstill obligation, even after the limi-
tation period provided for the Commission has expired. National prescrip-
tion periods shorter than the 10 years also bind national courts, unless
there is a Commission recovery decision…”