Neexecutarea obligaţiei de recuperare a ajutoarelor de stat şi rolul instanţelor naţionale: comentariu asupra Hotărârii CJUE în Cauza C-51/20 Comisia c. Grecia

Av. drd. Iulian BĂICULESCU

Prof. univ. dr. hab. av. Ioan LAZĂR

ABSTRACT

The present case commentary provides an in-depth analysis of the judgment delivered by the Court of Justice of the European Union in Case C-51/20Commission v. Greece, concerning the persistent failure of a Member State to comply with its obligation to recover unlawful and incompatible State aid, as previously ordered by the Commission. The ruling exemplifies the corrective and sanctioning function of the EU judiciary in response to institutional inertia at the national level and underscores the indispensable, albeit often overlooked, role of national courts in securing the full effectiveness of EU State aid rules. By examining the interpretative trajectory established in landmark decisions such as SFEI (C-39/94) and Eesti Pagar(C-349/17), and building upon...