State aid litigation before EU courts (2004-2012): a statistical overview

This article considers annulment actions and appeals brought by Member States, recipients, and sub-national entities since 2004. Where the Member States took part in the proceedings, Commission decisions were annulled more frequently by the General Court. Annulments were more likely where the ‘private investor test’ was raised as a ground. On appeal, selectivity-related issues are prominent; first instance judgments were rarely set aside.