Private Enforcement of European Competition and State Aid Law

The Chapter illustrates private enforcement of EU State aid rules in Italy. It first provides a general overview on the dual jurisdiction system and on the rules regarding standing. Then it focuses on the enforcement of the substantial provisions of the EU Treaty in the national context; specific attention is given to the rules regarding transparency and damages in case of breach of State aid law. The analysis also present a group of recent and controversial national administrative cases regarding private enforcement of State aid law; this case law outlines both the issues and possible shortcomings of the current state of the art and, on the other hand, the increasing attention of national courts on the matter.