Enforcement of State aid law at national level. The relationship between national courts and the European Commission

The control of state aid is an unique feature of competition policy in the European Union. This paper sets out to show the balance between Member States and the European Union in the area of state aid policy. After a brief overview of the principles underlying the enforcement of state aid law in the Member States, we will describe the basic principles underlying the division of responsibilities between the Commission and national courts in state aids matters, then we will discuss the two main responsibilities facing national courts – protecting competitors against unlawful aid and ensuring effective recovery of illegal and incompatible aid.