Du recours en annulation en matière d’aide d’État vers la protection juridictionnelle effective dans l’Union Européenne


This article deals with the topic of effective judicial protection for companies wishing to challenge a Commission decision on State aid in favour of their competitor. The article provides an analysis of the problem of the lack of access to the judge in the context of the action for annulment, which is due to a very restrictive interpretation of the criterion of individual assignment by the contested act. Then, the article explores alternatives to direct action, in particular that of a reference for a preliminary ruling to the Court of Justice, as well as those linked to the protection of the procedural rights of actors in the proceedings before the Commission. Since these possibilities do not prove to be reliable solutions, the strict approach to admissibility requirements should be reconsidered. For several reasons, the discussion regarding  access to a judge for competitors (and non-privileged actors more generally) could and should be resumed, in order to develop a more reliable standard for competitors bringing cancellation proceedings.

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