Paper Titles & Abstracts

The aim is to analyse role and powers of the national judge in the context of State Aids litigation in light of the EU Commission's policy adopted in 2009. By analysing the EU Commission's policy designed to stimulate the interest of privates to claim judicial protection in front of the national Judge and the judgements of the European Court of Justice, the paper will illustrate benefit and problems arising from the enforcement of EU Law in the domestic courts.It will be highlighted which are the judicial tools available for the national judge to address the EU Commission and the EU Courts in order to receive support, if needed. Considering that the national Judge cannot analyse State aid's compatibility with the EU market - because this competence belongs only to the EU Commission - it is of the outmost importance that the national judiciary is aware of its role. The EU jurisprudence illustrates that control of legitimacy operated by the Commission and the formal control operated by the National Judge are separate but complementary to each other. The intervention of the National Judge is to reduce the anti-competitive effect of illegal supports supplied. The role of the national Judge appears very large as he enjoys some precautionary duties - such as the interruption of the aid's allocation and the revocation of it- and some curative duties - as the compensation for damages condemning the Member State or the beneficiary.