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.