Eu State Aid Control Of Infrastructure Funding

Author : Corinne Ruechardt
Publisher : Kluwer Law International B.V.
Page : 490 pages
File Size : 54,7 Mb
Release : 2018-07-03
Category : Law
ISBN : 9789041191168

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EU State Aid Control of Infrastructure Funding by Corinne Ruechardt Pdf

The elements of infrastructure – roads, transportation, electricity, water, communications, schools, hospitals – are so ingrained in the fabric of daily life that few people give a second thought to who provides them, and how. Yet, they are controlled by an extensive and complex regulatory system. Moreover, the EU’s State aid modernization plan has made infrastructure a crucial aspect of competition law. How did EU State aid law turn into regulation on whether a city can build a new airport, or how it may operate a school? And what do the rules actually mean for infrastructure funding? These are the questions this book, the first comprehensive guide to EU State aid law in this key sector and a major contribution to the debate on the topic, seeks to answer. In its thorough review of the legal literature as well as relevant legislation and case law, this book covers such aspects of the infrastructure-State aid nexus as the following: – role of infrastructure in competition law; – infrastructure funding as aid and its compatibility with the internal market; – impact on land development and other ongoing activities; – sector-specific impact of State aid regulation on the design of infrastructure projects; – risk management; and – newer infrastructure sectors such as sports and cultural and healthcare projects. At many points in the presentation, the case-by-case analysis provides individual appraisals. In addition to focusing on the complex rules and how they have been interpreted in the decisional practice of the Commission and in the EU case law, this book provides deeply informed proposals for reform. This is a key work in a field of EU law that has developed and changed dramatically in recent years. It is sure to be of immeasurable value to practitioners and jurists in State aid law, competition law, and public procurement, as well as market actors (aid beneficiaries and competitors), policymakers, government officials, and business persons in these fields.

Author : Bruno Nascimbene,Alessia Di Pascale
Publisher : Springer
Page : 314 pages
File Size : 48,9 Mb
Release : 2018-11-28
Category : Law
ISBN : 9783319992266

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The Modernisation of State Aid for Economic and Social Development by Bruno Nascimbene,Alessia Di Pascale Pdf

This book analyses the recent modernisation of EU State aid law from various perspectives, and considers both substantive and procedural aspects. It also discusses the reasons for, and the goals and future implications of the modernisation programme, including the evolution of the concept of State aid. The ambitious reform programme was launched in 2012 and has now been almost fully implemented by virtue of the adoption of new rules of procedure in July 2013, and exemption in June 2014. The book highlights the main aspects of this sector reform, which include the Commission’s change of attitude towards so-called positive aid, i.e. those able to promote economic growth, and the intention to focus on matters of greater systematic extent. These objectives also imply a third aspect: increasing the intensity of the control powers conferred on the Commission with regard to that aid that prove to be harmful to competition and the internal market. The book also examines the greater responsibility given to States for self-assessment of their economic policy measures, and explores the resulting impact on, and challenges posed to the administrations of the Member States. The book’s second part is devoted to the application State aid rules in the area of services of general economic interest, with a special focus on aid in the field of social health and infrastructure.

Author : Michael Sánchez Rydelski
Publisher : Cameron May
Page : 848 pages
File Size : 43,7 Mb
Release : 2006
Category : Antitrust law
ISBN : 9781905017348

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The EC State Aid Regime by Michael Sánchez Rydelski Pdf

The EC State Aid Regime will enable readers without any knowledge in the area, an easy access to the notion of state aid, the key concepts of the state aid procedure and the legal remedies. At the same time, it provides state aid experts with specific and in-depth analysis of subjects such as infrastructure funding, the market investor test, rescue and restructuring aid, state aid and risk capital, regional aid, aid for environmental protection, state aid and emission trading, state aid to the aviation and shipbuilding sectors, state aid in the fields of agriculture and fisheries, state aid to culture and sports, and the international dimension of state aid. The important area of state aid to services of general economic interest receives special attention in a separate chapter. The growing importance of economic analysis in the area of state aid and the ongoing discussion of the state aid reform have also been addressed in two separate chapters in the book. The team of contributors is composed of practitioners, scientists, economists and civil servants of different administrative bodies and the European Commission. The EC State Aid Regime will be a great resource for legal practitioners, national judges, civil servants, academic and students, who want to acquire or enhance their knowledge in this expanding field of law.

Author : Pier Luigi Parcu,Giorgio Monti,Marco Botta
Publisher : Edward Elgar Publishing
Page : 264 pages
File Size : 49,5 Mb
Release : 2020-02-28
Category : Law
ISBN : 9781788975254

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EU State Aid Law by Pier Luigi Parcu,Giorgio Monti,Marco Botta Pdf

The recent State Aid Modernization has decentralized the enforcement of State aid law. In particular, under the General Block Exemption Regulation a number of aid schemes do not require the preventive “check” by the European Commission, while national courts play a growing role in private enforcement of State aid law. This insightful book analyzes the enforcement of State aid law in the aftermath of the State Aid Modernization, identifying a number of emerging trends at the national and EU level.

Author : Philipp Werner,Vincent Verouden
Publisher : Kluwer Law International
Page : 0 pages
File Size : 40,7 Mb
Release : 2017
Category : Commercial law
ISBN : 9041151478

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EU State Aid Control by Philipp Werner,Vincent Verouden Pdf

Introduction - The Law and Economics of EU State Aid Control /Vincent Verouden and Philipp Werner --Advantage /Giuseppe Conte and James Kavanagh --State Measure /Rein Wesseling and Marieke Bredenoord-Spoek --Selectivity /Michael Honoré --Distortion of Competition and Effect on Trade /Jacques Derenne and Vincent Verouden --Compatibility of Aid - General Introduction /Leigh Hancher and Phedon Nicolaides --General Block Exemption Regulation /Koert van Buiren and Alexander Rose --Ex Post Evaluation of Aid /Xavier Boutin and Inkalotta Nuotio-Osazee --Research, Development and Innovation Aid /Pascal Belmin and Hans Zenger --Regional Aid /Hans W. Friederiszick and Massimo Merola --Risk Finance Aid /Isabel Taylor and Albert Bravo-Biosca --Rescue and Restructuring Aid /Ulrich Soltész and Bruce Lyons --Services of General Economic Interest /Philipp Werner and Vincent Verouden --Infrastructure Aid /Penelope Papandropoulos and Elisabetta Righini --State Aid in the Broadband Sector /Hein Hobbelen and Oliver Stehmann --State Aid in the Postal Services Sector /Alessandra Fratini and Khaled Diaw --Transport Aid /Udo Woll and Andrew Meaney --Energy and Environmental Aid /Kai Struckmann and Geza Sapi --Aid to Broadcasting, Culture and Sport /Christine Gerlach and Dimitrios Pikios --Aid in the Banking Sector /Stan Maes and Stephen Mavroghenis --State Aid and Privatisation /Andreas von Bonin and Elisabeth Häringer.

Author : Sanoussi Bilal,Phedon Nicolaïdes,European Institute of Public Administration
Publisher : Martinus Nijhoff Publishers
Page : 280 pages
File Size : 40,5 Mb
Release : 1999-05-12
Category : Political Science
ISBN : 9041111840

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Understanding State Aid Policy in the European Community by Sanoussi Bilal,Phedon Nicolaïdes,European Institute of Public Administration Pdf

Why do the Member States of the European Union still grant aid and is that aid compatible with the objective of integration which should result in a better allocation of resources? The main purpose of this book is to explain the principles and methods of EC state aid policy in a manner which is both accessible and useful to practitioners and policy makers, by bringing together contributions from officials (both Community and national), industry representatives, and academics. In particular, it examines both theory on the role and objective of public assistance and current practice controlling such assistance. It addresses the issue of state aid from economic, legal and administrative perspectives and offers detailed information on current practice through case studies. It also considers likely future developments in the Community framework of state aid control. Finally, this book identifies major weaknesses in the present system of state aid rules, and paves the way for a proper economic analysis of the effects of forty years of state aid policy in the European Community.

Author : Małgorzata Cyndecka
Publisher : Kluwer Law International B.V.
Page : 386 pages
File Size : 41,8 Mb
Release : 2016-05-05
Category : Law
ISBN : 9789041183408

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The Market Economy Investor Test in EU State Aid Law: Applicability and Application by Małgorzata Cyndecka Pdf

For upwards of thirty years EU and EFTA courts have been using a test for applying the Market Economy Investor Principle (MEIP) 10 determine whether a state intervention amounts 10 granting of an economic advantage 10 a recipient undertaking. If the stale wishes 10 set as a commercial operator, it must comply with the MEIP. Unsurprisingly, the test remains a difficult and controversial legal instrument, and its very existence and credibility have been questioned. This book unravels the nation of the MEIP, analysing its applicability in order 10 clarify doubts and misinterpretations. Such an understanding is crucial because of the negative consequences of the test's misapplication, and also because the ongoing process of opening markets for more competition blurs the distinction between the public and private sectors. The analysis addresses such questions as the following; - What characterizes a 'prudent' investor? - When is it justified to consider a given public investor 'rational' or 'reasonable'? - How should too 'economic' or 'commercial soundness' of state interventions be understood? - What rate of return is required under the MEIP and how is it calculated? - When should the profitability analysis be undertaken and why? The author examines both the theory behind too principle and its practical application, with detailed attention to case law and the Commission's guidelines explaining the test's mechanism. Soo considers the various critiques of the test and concludes with proposals for change. Practitioners, policymakers, and academics will appreciate the great clarification offered of too MEIP - the character of an economic advantage under the MEIP and in aid scenarios, how to determine whether the MEIP is applicable 10 a given state measure, and how 10 apply the test according 10 its various subtypes and to atypical or complex interventions. They will find that too book's systematic analysis goes a long way to ensuring a credible and reliable assessment of the applicability of state aid under Article 107(1) TFEU.

Author : Leigh Hancher,Tom Ottervanger,Pieter J. Slot
Publisher : Sweet & Maxwell
Page : 1283 pages
File Size : 46,8 Mb
Release : 2012
Category : Law
ISBN : 9780414046566

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EU State Aids by Leigh Hancher,Tom Ottervanger,Pieter J. Slot Pdf

An invaluable resource to all those involved in advising or litigating matters of state aid, from lawmakers to regulators, lawyers, economists and courts. This fully revised 4th edition presents detailed practical guidance to the law and practice in the European Union as it stands today, together with the relevant primary law materials

Author : Conor Quigley
Publisher : Bloomsbury Publishing
Page : 1124 pages
File Size : 50,6 Mb
Release : 2022-12-15
Category : Law
ISBN : 9781509969012

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European State Aid Law and Policy (and UK Subsidy Control) by Conor Quigley Pdf

The fourth edition of Conor Quigley's highly acclaimed book provides lawyers, regulators and public officials with a definitive statement of the law and practice of State Aid. The book places State Aid law and policy in its economic, commercial and industrial context, exploring the concept of State Aid and its function as a tool of EU law. All of this is achieved by a thorough examination of the jurisprudence of the European Courts and the decisions, legislation and guidelines of the Commission in declaring aid compatible or incompatible with the internal market. The fourth edition includes new chapters on: - COVID-19 and Ukraine emergency measures - Brexit - EU foreign subsidy regulation - UK Subsidies Control and updated guidelines and block exemption regulations on: - Regional aid - R&D&I - Environmental protection and climate change

Author : Kelyn Bacon QC
Publisher : Oxford University Press
Page : 704 pages
File Size : 51,9 Mb
Release : 2017-01-19
Category : Law
ISBN : 9780191091223

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European Union Law of State Aid by Kelyn Bacon QC Pdf

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.

Author : Ferdinand Wollenschläger,Wolfgang Wurmnest,Thomas M.J. Möllers
Publisher : Kluwer Law International B.V.
Page : 421 pages
File Size : 51,8 Mb
Release : 2020-01-09
Category : Law
ISBN : 9789403502106

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Private Enforcement of European Competition and State Aid Law by Ferdinand Wollenschläger,Wolfgang Wurmnest,Thomas M.J. Möllers Pdf

Private Enforcement of European Competition and State Aid Law Current Challenges and the Way Forward Edited by: Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields. The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In country reports for these major jurisdictions, as well as in more general and comparative chapters, the authors focus on such issues as the following: impediments to private enforcement; which entity is liable for damages; binding effect of decisions of competition authorities; limitation of actions; collective actions and pooling of claims; enforcement of the standstill obligation (Article 108(3) TFEU); remedies and information deficits; cooperation and coordination between national courts and the European Commission; transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States; extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and prospects for harmonisation of State aid law. A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework. As an in-depth assessment of key obstacles and best practices in private enforcement actions, this highly informative and practical volume facilitates choice of the best forum for competition and State aid law cases. Academics and practitioners engaged with this important area of European law will appreciate the authors’ awareness of the economic need and legal particularities which could generate an effective European system of private enforcement of legitimate claims under EU competition and State aid law.

Author : Juan Jorge Piernas López
Publisher : Oxford Studies in European Law
Page : 321 pages
File Size : 53,9 Mb
Release : 2015
Category : Law
ISBN : 9780198748694

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The Concept of State Aid Under EU Law by Juan Jorge Piernas López Pdf

An analysis of 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.

Author : Juan Jorge Piernas López
Publisher : OUP Oxford
Page : 304 pages
File Size : 54,8 Mb
Release : 2015-08-06
Category : Law
ISBN : 9780191065590

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The Concept of State Aid Under EU Law by Juan Jorge Piernas López Pdf

How has the evolution and transformation of the Common Market affected the legal concept of State aid? How has State aid adapted to the development of the European Union? These questions and more are answered in Juan Jorge Piernas López's examination of the historical, political, constitutional, and economical events that have affected the development of State aid in the EU. Examining three key, interwoven arguments, this book provides a richer understanding of current formulas which depict the concept of aid through the prism of policy and enforcement considerations. First, the book demonstrates that the concept of aid is a 'living instrument' that has been applied in accordance with the main policy priorities of the European Commission. Second, contrary to what has been affirmed in other literature, the evolution of this concept has been influenced by the broader advancement of the case law of the Court of Justice in different periods of the integration process. Third, the author contends that the study of the evolution of the concept of aid in light of policy and case law provides a holistic outlook valuable to the decision making process of difficult cases. In this regard, the book provides criteria to interpret and discuss cases including Sloman Neptun, Philip Morris, and Azores, beyond the analysis traditionally adopted in this field.

Author : Anonim
Publisher : Unknown
Page : 66 pages
File Size : 47,8 Mb
Release : 2016
Category : European Union countries
ISBN : 9287239169

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EU Support for Rural Infrastructure by Anonim Pdf

Author : Luca Rubini
Publisher : Oxford University Press
Page : 497 pages
File Size : 55,7 Mb
Release : 2009-12-24
Category : Business & Economics
ISBN : 9780199533398

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The Definition of Subsidy and State Aid by Luca Rubini Pdf

This book presents a conceptual analysis of the definitions of state aid and subsidy in EC and WTO law. It provides a comparative analysis of the regulation of subsidy in both systems, examining the coherence of the conceptual understanding of subsidy and the grounds for legitimate state intervention.