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European Union Law Of State Aid

Author: Kelyn Bacon QC
Publisher: Oxford University Press
ISBN: 0191091235
Size: 63.72 MB
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This book provides a comprehensive practitioner guide to the EU law of State aid, covering all relevant legislation, case law, and the dominant themes shaping EU State aid policy. It discusses the concept of State aid and its development in the European Union, as well as practical aspects such as procedures for notification to the European Commission, and enforcement in the European Court and national courts. It offers extensive coverage of specific sectors, including transport and shipbuilding, media and communications, energy and environmental protection, culture and heritage, and agriculture. The third edition is fully updated to cover the extensive legislative changes in this area, including the new General Block Exemption Regulation and De Minimis Regulation, horizontal aid guidelines, and sectoral guidelines for aviation, cinemas, agriculture, and fisheries; as well as State aid cases in the national courts, particularly the UK, and recent European Court jurisprudence. Accessible to competition lawyers and non-specialists, the book's clarity and concision make it an invaluable reference to this area of law.

European Union Law Of State Aid

Author: Kelyn Bacon
Publisher: OUP Oxford
ISBN: 9780199665068
Size: 47.10 MB
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A comprehensive and accessible analysis of the legal aspects of State aid in the EU, this work covers all of the relevant legislation, case law and important decisional practice of the Commission in the field, as well as exploring the policy themes that have shaped the approach of the various EU institutions to State aid control.

State Aid Law Of The European Union

Author: Claire Micheau
Publisher: Oxford University Press
ISBN: 0198727461
Size: 16.48 MB
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Rules controlling State aid and subsidies on the EU and the WTO level can have a decisive influence on both regulatory and distributive decision-making. This field of law has grown exponentially in importance and complexity over the past decades. Rules on State aid and subsidies control are one of the key instruments to ensure that public spending and regulatory measures do not lead to discriminatory distortions of competition. As a consequence, hardly any part of national law is free from review under criteria of State aid and subsidy regulation. In turn, State aid and subsidies law is linked to economic, constitutional, administrative law of the EU and the Member States as well as to public international law. This book brings together leading experts from academia, the judiciary, civil servants from the European Commission, and practicing lawyers to provide expert opinion and commentary on the diverse dimensions of the complex and vital area of law. Critically analysing and explaining developments and current approaches in State aid law and subsidies, the chapters take into account not only the legal dimensions but also the economic and political implications. They address the EU law applicable to State aid in the aftermath of the recent State Modernization reform, and coverage includes: an in-depth analysis of the notion of State aid as interpreted by the Court's cases-law and the Commission's practice; the rules on compatibility of State aid with the internal market; the rules governing the procedure before the Commission; the litigation before the Court of Justice of the European Union; and analysis of the other trade defense instruments, including WTO subsidy law and EU anti-subsidy law.

The Law Of State Aid In The European Union

Author: Andrea Biondi
Publisher: Oxford University Press on Demand
ISBN: 9780199265329
Size: 66.21 MB
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European Community state aid law represents an increasingly important part of EC competition law. The case law at national and European levels is growing rapidly, both in quantity and importance. State aid policy is based upon the principle of European Community supervision of assistance granted by the Member States, or through State resources in whatever form. It threatens to distort competition by favouring certain undertakings or the production of certain goods. This volume deals with the question of how an appropriate balance can be struck between trade liberalisation and the role of the State in the economy.

The Concept Of State Aid Under Eu Law

Author: Juan Jorge Piernas López
Publisher: Oxford University Press, USA
ISBN: 0198748698
Size: 30.47 MB
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Analysing the evolution of the legal concept of State aid in the EU, this book examines the main formulas established by the Court of Justice of the EU since the early 1950s, underpinning the legal boundaries of State aid in relation to the historical, political, economic, and legal evolution of its field of application: the internal market.

Eu Law On State Aid On Airlines

Author: Magnus Schmauch
Publisher: Lexxion Verlagsgesellschaft
ISBN: 3869652101
Size: 48.68 MB
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State intervention in air transport is omnipresent. Airlines, in particular, are major beneficiaries of State aid. This book provides a comprehensive analysis of the law regulating State aids to airlines, which includes sections on Articles 107 TFEU and 108 TFEU as well as an overview of legal issues raised by air transport and competition in the EU, in particular deregulation and its consequences. EU Law on State Aid to Airlines follows a multi-disciplinary approach by relying on the fundamental concepts of economics and policy analysis. This approach allows grasping the wider implications of this sector's issues for the field of State Aid, in particular in the light of the 'more economic approach' and the 'balancing test'. Furthermore, additional perspective is given on State aid law in the air transport sector through comparative analyses of regulations in the United States and Switzerland and outlooks on international relations. Finally, the book presents a number of recent Commission decisions with a dramatic importance for the air transport, with the opening of formal investigation procedures regarding alleged State aid to low-cost airlines operating from regional airports all over Europe. Magnus Schmauch is Legal Secretary at the EFTA Court in the Chambers of judge Pall Hreinsson. Previous experience includes four years as a lawyer at the Court of Justice of the European Union. He has published a large number of articles on State aid and other fields of EU law and teaches on EU law and fundamental rights at the University of Lund, Sweden.

Research Handbook On European State Aid Law

Author: E. Szyszczak
Publisher: Edward Elgar Publishing
ISBN: 0857936425
Size: 18.74 MB
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ÔErika Szyszczak and the team have come up trumps with a modern comment on state aid and policy. Thank you!Õ Ð Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine ÔThis fine collection of essays demonstrates in a very articulate way why EU State aid law has taken the centre stage of EU law. In eighteen chapters the reader is provided with a fascinating snapshot of the main issues and developments of the law. The key elements of the EU policy are analysed in a critical way often leading to new insights. In addition the book contains a wealth of material greatly facilitating further research.Õ Ð Piet Jan Slot, University of Leiden, The Netherlands ÔEuropean state aid law needs more self-questioning and more intellectual debate. In my view, this Research Handbook is a very valuable contribution to this necessary process. It correctly identifies the most intellectually problematic issues within state aid law and asks the right questions. This may be due to the balance in the excellent selection of contributors, coming both from the academia and from practice. This guarantees, on the one hand, that the questions are relevant in practice and not purely theoretical but also provides, on the other hand, for a rigorous analytical approach when confronting the issues. The result is a fresh and interesting new look to many of the basic issues of state aid law.Õ Ð JosŽ Luis Buendia Sierra, Garrigues, Brussels, Belgium, and KingÕs College London, UK ÔThis Research Handbook provides an in-depth exploration of some of the most difficult and controversial issues in current State aid law and policy. It is unusual in providing not only a legal but also an economic and political science perspective on this rapidly developing area of EU law. The Handbook will be a welcome addition to the shelves of State aid practitioners and academics alike.Õ Ð Kelyn Bacon, Brick Court Chambers, London, UK This timely new Handbook reflects on current issues that confront State aid law and policy in the EU. State aid was a neglected area of competition law until attempts to modernise it became central to the Lisbon process 2000 where the aim was to encourage ÔintelligentÕ State aid by reducing aid to specific sectors and by making better use of aid for horizontal projects central to EU integration concerns. This policy framework has underpinned the new approach to State aid policy in the EU in recent years and informs many of the chapters in this book. Contributions from leading academics, regulators and practising lawyers, discuss topics devoted to modernisation, problems faced by recent enlargements of the EU, the role of State aid in the fiscal crisis and recession, the role of the private market investor test, regional aid, environmental aid and the review of the Altmark ruling. Perspectives on State aid law and policy from the disciplines of economics and political science are also explored in detail. Research Handbook on European State Aid Law will appeal to academics, regulators, national and EU government officials, practitioners and postgraduate students who are involved in State aid law.

State Aid And The Energy Sector

Author: Leigh Hancher
Publisher: Bloomsbury Publishing
ISBN: 1509913696
Size: 19.87 MB
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This important new work offers a comprehensive and compelling account of State aid law and policy and its application to the energy sector. Clearly structured and offering meticulous detail and robust analysis, it is required reading for all practitioners in the field. The volume explores general questions from the definition of State aid to its application in Member States by national courts. It also examines questions of procedure, questions of compatibility, and State aid and the EEA. It is an invaluable tool for lawyers, policymakers and tax professionals specialising in State aid law and energy law, written by a team of leading practitioners and academics in the field.

European State Aid Law And Policy

Author: Conor Quigley
Publisher: Bloomsbury Publishing
ISBN: 1847317987
Size: 28.78 MB
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This new edition of Conor Quigley's book (originally 'EC State Aid Law and Policy'), offers the most comprehensive and detailed examination of this fast developing field of Community law. The book is designed to provide practitioners and Commission officials with a definitive statement of the law and practice across the many sectors where issues of State aid come into play. At the same time, placing State aid law and policy in its commercial and industrial context, the book fully explores the concept of State aid and its function as a tool of Community law and economic development. All of this is achieved by means of the most thorough available examination of the jurisprudence of the European Courts and the decisions of the Commission in declaring certain aid compatible with the common market. The Commission's supervisory powers as well as the means of enforcing State aid law in the courts are also fully explained. From reviews of the earlier work: 'The chapters summarize and synthesize a large and complex body of case-law readably, clearly, interestingly, thoroughly and concisely...practical and comprehensive in approach...The book is well produced and very good value. The book satisfactorily passed the key test: it told us what we needed to know in certain current State aid cases more clearly than in other books consulted.' Asger Petersen, J Temple Lang, Common Market Law Review 'The practitioner will find the chapters dealing with particular types of state aid extremely helpful. The book has an excellent index that makes any legal textbook much more user friendly, particularly to someone who is not an expert in the field. Speaking from personal experience I can say that the book is invaluable; in recent months it has spent as much time on my desk as on my bookshelves. I am sure others will find it equally useful' Christopher Vajda QC, International Company & Commercial Law Review

Eu State Aid Control

Author: Philipp Werner
Publisher: Kluwer Law International
ISBN: 9789041151476
Size: 80.23 MB
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EU State Aid Control: Law and Economics thoroughly explores the main rationales of State aid control, the main concerns and the various trade-offs that underlie the rules and the decisions ultimately taken by the European Commission and the Courts. In recent years, the European Commission has conducted an almost complete overhaul of State aid control in the European Union (EU). The SAM initiative has engendered new secondary legislation, as well as new guidelines covering practically all areas of State aid control, including both horizontal and sector-specific rules. Notable in these developments is an increasingly refined economic approach, both in the design of the rules and in the assessment of individual cases. This book is the first of a kind in its in-depth analysis of the current legal and economic principles of EU State aid control. What's in this book: This book is split into three parts as follows: The first part covers the hotly disputed conditions of economic advantage, selectivity and distortion of competition and effect on trade. The second part covers the compatibility of aid measures under horizontal rules across industry sectors, including an assessment of the efficiency of the General Block Exemption Regulation and of the new rules on ex post evaluation. The third part deals with the application of State aid rules in specific sectors such as infrastructure, broadband, energy and banking. Distinguished experts - including lawyers, economists, academics, and officials of the European Commission and of Member State authorities - share their legal and economic experience, insight and critique of EU State aid control as it stands. How this will help you: As a critical assessment of the current status of EU State aid control from both legal and economic perspectives, and as an authoritative guide through its complexities and pitfalls of State aid control, this book serves as an invaluable tool, now and in the coming years, to all stakeholders required to understand, interpret and apply rules under the new regime of State aid control.