State aid is falling down, falling down: An analysis of the case law on the notion of aid

Publishers Abstract:
The EU Courts are showing signs of mental fatigue in determining the criteria that need to be fulfilled in order for a measure to be classified as aid. The case law from Luxembourg is thus extremely convoluted and complex. Furthermore a rift between the General Court and the ECJ is becoming clearly visible. It is obvious that the General Court is attempting to move the acquis on State aid in a certain direction, to the irritation of its Supreme Court. Finally, the European Commission continues its constitutionally dubious practice of adopting a series of soft law instruments that are directly affecting how State aid control should be understood. This article will attempt to review the most important judgments in the area in an attempt to rebuild the "State aid" bridge.