PhD LL.M., Marco Botta

030592 KU EU State Aid Law


2 hour(s), 4 ECTS-Points

Language: English


Aims, contents and method of the course

By providing the legal framework for monitoring the subsidies granted by the EU Member States to their private undertakings, State aid rules aim at ensuring a level playing field among the companies active within the internal market. State aid rules, therefore, complement the EU competition rules included in Art 101 and 102 TFEU. The course analyses the EU State aid rules included in Art 107 and 108 TFEU. In particular, the course discusses the case law of the Court of Justice of the European Union (CJEU) in relation to these provisions of the Treaty, as well as the system of public and private enforcement of EU State aid law. Finally, the course analyses the application of State aid rules in relation to Services of General Economic Interest.

The course is suitable for students interested to deepen their knowledge and understanding of EU law, in a specific policy area like State aid law.

Assessment and permitted materials

A final written exam will take place at the end of the course. The written exam will include approximately 4 questions (i.e. short essay style) related to the topics discussed during the classes. The exam is closed books.Students who actively participate in the class (e.g. by summarizing the facts and the content of one of the CJEU judgments assigned for the class) will receive a +. Every + will increase the final grade for the course of 0.25 points, up to a maximum of 1 point.

Minimum requirements and assessment criteria

Students are supposed to attend every class of the course and sign the attendance list distributed during the class. A maximum of 2 absences will be tolerated per student.
Students who skip more than 2 classes due to prolonged sickness should submit the medical krankmeldung to the lecturer. In such case, the absence will not be counted. No other justification for absences will be tolerated (i.e. jobs related reasons).

Students are required to be enrolled on Univis, at least on the waiting list.Erasmus/exchange students are invited to contact the Dekanat of the Law Faculty if they do not manage to enrol on Univis in due time. The teacher does not guarantee the possibility to upload the final grade on Univis to the students who are not regularly enrolled on Univis.

Examination topics

The final exam is divided in 4 questions, essay style. Students have to reply to every question referring to the relevant CJEU judgments and legislations discussed in the class.The exam is closed books: no material is allowed at the exam. Only English language dictionary is allowed. No electronic devices (i.e. smartphone, laptop, tablet) is allowed during the exam.


Students are required to read the selected CJEU judgments and EU legislation uploaded on Moodle before each class.