AG Ćapeta provides clarifications concerning amicus curiae observations under Article 29(2) State Aid Procedural Regulation
In case C-362/25 P, Kargins v Commission, AG Ćapeta considered that the Commission’s response to an invitation to submit observations, where it is not bound by the application is not contrary to the Article 29.2 of the State Aid Procedural Regulation. She also considered that comments on factual matters necessary to explain the legal analysis, is not contrary to this provision.
The applicant had argued that the Commission may submit its observations only on its own initiative and therefore not when invited to do so. The applicant interprets Article 29(2) as permitting the Commission to submit observations only on legal matters and therefore excluding factual matters.
AG Capeta explains that the phrase ‘on its own initiative’ means whenever the Commission deems it necessary, regardless of whether a prior request has been made, given that such invitation is not binding on the Commission. The applicant’s interpretation of the concept of ‘on its own initiative’ would render the latter ineffective and would be contrary to the duty of loyal cooperation. The AG further explains that appeals on a point of law may also turn on a lower court’s treatment of certain elements of fact, particularly in the field of State aid, where factual elements may help to clarify the economic and legal analysis.
Consequently, the Advocate General proposes that the applicant’s arguments be rejected.
For more information, see the AG’s Opinion.