Aiuti di Stato e giurisdizione esclusiva : critiche e spunti per un'estensione

The essay deals with the issue of the division of jurisdiction for disputes relating to public subsidies and with specific reference to State aid, attributable to the same legal scheme. For litigation focused on various cases of aid, financial and tax breaks provided for by sectorial disciplines, the identification of the jurisdiction of the administrative judge or the civil judge depends on the subjective juridicial positions involved, strongly contiguous, the public powers exercised, the disbursement procedure or justified by the breach of obligations. Instead the art. 133.1, lett. z-sexies c.p.a. provides the exclusive jurisdiction of the administrative judge, relating to legal acts and measures for the provision of aid in violation of art. 108.3 TFEU and for the execution of recovery decisions of the European Commission. There are particular consequences for the judicial control in the light of reg. EU no. 1589/2015 and of the EC Communication of 2009 and 2019. The result is a complex framework of unresolved interpretative issues, critical profiles and of needs for the extension of exclusive jurisdiction.