Known under the generic term of soft law, instruments that are not
legally binding but can produce legal and practical effects are
proliferating in European competition and State aid law. This soft
law has been taken into account by the EU Courts at an increasing
rate over the years, to the point where such instruments were
recognized as regulatory instruments in their own right. The Courts
have required Member States to comply with soft law, and demanded
that national courts take soft law into consideration when deciding
on cases. The courts have even annulled Commission decisions for
failure to comply with soft law.
General
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