Il giudice nazionale e l'obbligo di recupero degli aiuti illegali

The study focuses on the duties and tools avalaible to the national judge to secure the recovery of the State aid prematurely supplied to undertakings, in violation of Article 108 (3) TFEU. According to the writer the recovery duty of the national judge is extensively construed if suitable to foster the "compatibility test" entrusted to the European Commission. Otherwise (when the competence of the national judge may jeopardize the assessment of the European Commission and its positive decision), the recovery obligation is converted in (or downgraded to) a faculty of recovery. The procedural dimension of Article 108 (3) TFEU is weakened. The CELF approach suggests that the European Commission is the true core of the State aid supervision system. However the deterrence of the ban of State aid, and the effectiveness of Article 108 (3) TFEU' private enforcement (whereof aid recovery is the main strand) seems to be in future, despite the aims of the reform, seriously at risk.