July 31
2021
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17th January 2020
Competition & State Aid Justice & Litigation

Op-Ed: “Opinion of Advocate General Kokott in Hungary v Commission: the Commission and its discretionary limits in suspension injunctions in State aid cases” by Juan Jorge Piernas López

On 16 January 2020, Advocate General (AG) Kokott delivered her Opinion in the case Hungary v Commission (C-456/18 P), which raises very relevant questions related to the control of State aid by the European Commission, particularly in relation to the adoption by the Commission of decisions requiring the Member State concerned by a State aid investigation to suspend any unlawful aid until the Commission has taken a decision on the compatibility of the aid with the common market under (‘suspension injunctions’).

The case also raises significant points on the admissibility of appeals lodged by Member States before the General Court, and to the possibility for Member States to invoke the Charter of Fundamental Rights of the European U

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