EU State Aid Greatest Hits: How AG Nils Wahl Helped Shaping the Notion of State Aid in EU Law
摘要
I love lists. I draft lists on everything, and sometimes I go to the extremes of having “consolidated lists”, which are the ultimate satisfaction. I must admit, I have compiled my own greatest hits of Advocate General (‘AG’) Opinions on EU State aid law, along with a consolidated one on the notion of aid as provided in Article 107(1) TFEU. In the latter, a very prominent position (even in numerical terms) is taken by the Opinions of AG Wahl (as he was then): selectivity of fiscal measures in Dirk Andres, the engaging Eventech, the notion of State resources in Achmea, selectivity again in Orange and Commission v MOL, among many others. All truly valuable opinions at least for two reasons: first, AG Wahl attempted to introduce an extra element of “formal legal certainty” within the definition of EU State aid. This may sound odd, as Article 107(1) has been there since the Treaty of Rome and the subject of countless jurisprudential interpretations. Still, the precise contours of the notion of aid are proving to be elusive for many reasons (and not all ascribable to jurisprudential hesitations). At the same time—second reason—his opus is a very clear case for a rigorous reaffirmation of the centrality of State aid control within the EU market regulation system. All done in a short, concise style, devoid of any pompous theoretical reconstructions. Such contributions, especially in the current geopolitical scenario, are by all means not a small feat. Nils Wahl’s influence in shaping up the operation of State aid control goes of course much further than his Opinions, as his time in Kirchberg comprises two stints as judge first at the General Court and later at the European Court of Justice. As deliberees are, of course, to be kept confidential, this contribution will mostly dwell on the years 2012 to 2019, when Mr. Wahl was the Swedish AG.