Private und administrative Rechtsdurchsetzung im europäischen Beihilfenrecht

Analysing, ‘if national courts are bound by the opening decision of the European Commission in categorizing what is State aid’, involves two major issues: first, the relationship between private and administrative enforcement – a competition complaint based on the standstill obligation (Art. 108 (3) TFEU) forms part of private enforcement; and second, the role of national courts in the system of enforcement of EU Law.
This study deals with the interface of these two issues. It draws a comparison to European Antitrust law and analyses the legal nature of the opening decision. Finally, it concludes that national courts are not bound by the opening decision but have to respect it due to the principle of sincere cooperation. Since February 2017 the Federal Court of Justice (BGH) has been following this interpretation of the ECJ judgement in the “Lufthansa case”.