BAKGRUNN (fra ESAs pressemelding 31.5.2023)

The EFTA Surveillance Authority (ESA) has today adopted new Guidelines on the enforcement of State aid rules by national courts applicable to the EEA EFTA states.

The revised guidelines provide direction and information for courts in Iceland, Liechtenstein and Norway when dealing with the enforcement of State aid rules at the national level. The enforcement guidelines will also serve as a source of information for third parties and national authorities.

The revised guidelines replace the previous guidelines on the matter, which were adopted in 2009. They correspond to the European Commission’s revised notice on the enforcement of EU State aid rules by national courts adopted on 23 July 2021.

The new guidelines include several new elements and adjustments, including:

- Clarity on the roles and competence between ESA and national courts.
- Incorporation of recent case-law from the EEA Courts.
- Additional tools for cooperation with national courts.
- Revision and updated references in light of the updated legal framework
- Updated practical guidance for national courts facing private claims concerning unlawful State aid.
- The revised enforcement guidelines will take effect from 1 June 2023.