State Aid Law Of The European Union

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State Aid Law of the European Union

Author : Herwig C. H. Hofmann,Claire Micheau
Publisher : Oxford University Press
Page : 700 pages
File Size : 48,5 Mb
Release : 2016-07-28
Category : Law
ISBN : 9780191040887

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State Aid Law of the European Union by Herwig C. H. Hofmann,Claire Micheau Pdf

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 practising 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 Modernisation 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 defence instruments, including WTO subsidy law and EU anti-subsidy law.

The Concept of State Aid Under EU Law

Author : Juan Jorge Piernas López
Publisher : OUP Oxford
Page : 304 pages
File Size : 47,7 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.

EU State Aid Law

Author : Pier Luigi Parcu,Giorgio Monti,Marco Botta
Publisher : Edward Elgar Publishing
Page : 264 pages
File Size : 47,8 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.

Research Handbook on European State Aid Law

Author : Leigh Hancher,Juan J. Piernas López
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 47,5 Mb
Release : 2021-01-29
Category : Law
ISBN : 9781789909258

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Research Handbook on European State Aid Law by Leigh Hancher,Juan J. Piernas López Pdf

This revised and updated Research Handbook on European State Aid Law brings together established academics and practitioners to provide a wide-ranging coverage of the field. Incorporating political science, economics and the law in its analysis, it provides a strong overview of the salient issues in State aid law and policy.

EU State Aids

Author : Leigh Hancher,Tom Ottervanger,Pieter J. Slot
Publisher : Sweet & Maxwell
Page : 1283 pages
File Size : 43,7 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

European Union Law of State Aid

Author : Kelyn Bacon QC
Publisher : Oxford University Press
Page : 704 pages
File Size : 44,7 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.

Understanding State Aid Policy in the European Community

Author : Sanoussi Bilal,Phedon Nicolaïdes,European Institute of Public Administration
Publisher : Martinus Nijhoff Publishers
Page : 280 pages
File Size : 45,6 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.

The Law of State Aid in the European Union

Author : Andrea Biondi,Piet Eeckhout,James Flynn
Publisher : Oxford University Press, USA
Page : 448 pages
File Size : 52,6 Mb
Release : 2004
Category : Law
ISBN : 0199265321

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The Law of State Aid in the European Union by Andrea Biondi,Piet Eeckhout,James Flynn Pdf

This volume analyses the concept of aid and examines fundamental questions concerning the scope of state aid law. It also draws a comparison with WTO provisions on subsidies and looks at EEA and applicant states' state aid regimes. It then focuses upon selected areas of state aid law and policy.

State Aid Law of the European Union

Author : Peter L. Vesterdorf,Mogens Uhd Nielsen
Publisher : Unknown
Page : 368 pages
File Size : 48,7 Mb
Release : 2008
Category : Government aid
ISBN : 1847037496

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State Aid Law of the European Union by Peter L. Vesterdorf,Mogens Uhd Nielsen Pdf

Useful for anyone trying to understand and deal with matters of state aid, covering all relevant issues with regard to article 87 and other state aid articles of the EC Treaty, as well as the interpretation provided by the ECJ, and an up-to-date, exhaustive summary of the various types of EC law and soft law relevant to the topic.

Understanding State Aid Policy in the European Community

Author : Phedon Nicolaides,Sanoussi Bilal
Publisher : BRILL
Page : 276 pages
File Size : 50,6 Mb
Release : 2023-12-11
Category : Business & Economics
ISBN : 9789004639133

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Understanding State Aid Policy in the European Community by Phedon Nicolaides,Sanoussi Bilal 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.

State Aid and the European Economic Constitution

Author : Francesco de Cecco
Publisher : Bloomsbury Publishing
Page : 141 pages
File Size : 50,5 Mb
Release : 2012-12-14
Category : Law
ISBN : 9781782250517

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State Aid and the European Economic Constitution by Francesco de Cecco Pdf

Recent years have seen the rise of EU State aid law as a crucial component of the European economic constitution. To date, however, the literature has neglected the contribution of this area of EU law to the internal market. This book seeks to fill this gap in our understanding of the economic constitution by exploring the significance of State aid law in addressing questions that go to the core of the internal market project. It does so by examining the case law relating to three different activities that Member States engage in: market participation, market regulation, and funding for Services of General Economic Interest. Each of these areas offers insights into fundamental questions surrounding the economic constitution, such as the separation between the State and the market, the scope for Member States to engage in regulatory competition, and the tension between market and nonmarket concerns.

EU State Aid Control of Infrastructure Funding

Author : Corinne Ruechardt
Publisher : Kluwer Law International B.V.
Page : 490 pages
File Size : 44,8 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.

The Modernisation of State Aid for Economic and Social Development

Author : Bruno Nascimbene,Alessia Di Pascale
Publisher : Springer
Page : 314 pages
File Size : 43,5 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.

European State Aid and Tax Rulings

Author : Liza Lovdahl Gormsen
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 52,5 Mb
Release : 2019
Category : Electronic
ISBN : 9781788972093

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European State Aid and Tax Rulings by Liza Lovdahl Gormsen Pdf

This book investigates whether the European Commission (EC) has the mandate to legislate on direct taxation in sovereign states and ultimately questions whether the EC’s enforcement action in recent tax ruling cases, in the area of state aid, respects the rule of law.

EU State Aid Control

Author : Philipp Werner,Vincent Verouden
Publisher : Kluwer Law International
Page : 0 pages
File Size : 42,8 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.