Clement Mifsud-Bonnici of GANADO Advocates has contributed to a
pan-European study on the enforcement of State aid by national
courts. This study was entrusted by the European Commission to a
consortium composed of Spark Legal Network, the European University
Institute, Ecorys and Caselex supported by a network of national
legal experts, including, Clement Mifsud-Bonnici for Malta.
The study has shown that over 66% of cases in the EU of private
enforcement of EU State aid were rejected by national courts. This
finding was consistent with the only judgment delivered in Malta
which effectively rejected a private claim by an aggrieved
competitor against a regulator's conduct with respect to its
competitors. The study attempts to identify the causes of this high
figure and then goes on to suggest more training to the judiciary
and also increased awareness on publicly available guides on the
calculation of economic damages.
