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Focusing on competition, State aid, and free movement law, this book develops a conceptual framework for understanding the integration of environmental concerns in those legal domains and compares the different legal tests that have emerged for delimiting and weighing environmental considerations against other public goals.
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.
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.
This new edition of an immensely useful book follows the same proven format as its predecessors, updates its analysis of case law with hundreds of new decisions by the courts of the European Union (EU), and thus remains the quickest source of reference for practitioners working with EU State aid matters. Following a highly organized sequence of subject headings, it presents extracts from all judgments and orders of both the Court of Justice and the General Court of the EU on the Treaty on the functioning of the European Union (TFEU) rules on State aids. All the relevant case law of both courts until the end of 2018 is covered. There is a new chapter on legal protection and additional material on the concept of State aid, advantages for undertakings, selectivity, forms of State aid, procedures and unlawful aids. With this book practitioners will quickly find relevant paragraphs and full citations regarding all issues raised by Articles 107–109 TFEU, including the following and much more: territorial scope of State aids; Article 107(1) EC and WTO Agreements; conditions for categorizing a national measure as State aid; free movement of goods; undertakings; private versus public investment; justification of selective measures; interstate trade and competition; tax measures; restructuring aids; procedural aspects; and locus standi of trade associations. In many areas, the extracts relate to points of the judgments which are not or only partially covered in official summaries. For accessibility of this case law, this updated edition of the preeminent analysis of EU State aid case law has no peers. Practitioners in this key area of EU competition law will find this book indispensable.
During the last decade the European Commission has progressively adopted what is called a and‘more economic approachand’ toward competition policy. This approach, which draws on U.S. antitrust policy, puts greater emphasis on possible welfare effects of business practices and is less concerned with competitive market structures. Under this school of thought concentration cannot be said to impede effective competition to the extent that efficiency gains outweigh market distortions. In order to stimulate the debate on this basic reorientation, in January 2009 the Max Planck Institute for Comparative and International Private Law at Hamburg convened economists, legal scholars, and practitioners for an exchange of views on these and‘newand’ methodological foundations of EU competition policy and competition law. Two especially controversial elements were chosen for in-depth discussion: the prohibition of abuses of dominant positions and the review of State aid. This book reproduces fourteen papers from this conference, representing the considered views of prominent European lawyers, economists, academics, policymakers, and enforcement officials in the competition field on matters such as: the objectives of EU competition law; the current enforcement guidelines of the EU Commission regarding Article 102 TFEU and? measuring market power; abusive low pricing strategies; the economics of competition law enforcemennt; recent developments in EU State aid law; economic justifications for State aid. A critical assessment of the Commissionand’s State aid action plan by the German Monopolies Commission is appended in English. Applying law and economics theory to competition law, this book shows that the and‘more economicand’ approach is exerting a considerable impact on various sectors of competition law. The authors clearly demonstrate the progress that can be made when lawyers and economists take notice of and respect the characteristics of each otherand’s discipline. Moreover, the authors show how new insights of economic theory may be integrated into the relevant legal analysis. The book will therefore be appreciated by academics, practitioners, and officials representing both fields.
Article 107(1) TFEU: Aims and Scope --The Prohibition of Article 107(1) TFEU --Concept of State Aid --Advantages for Undertakings --The Test of a Private Operator in a Market Economy --Requirement of Selectivity --Aid Granted by the State or through State Resources --Intra-Union Trade and Competition --Taxes for the Financing of State Aids --Forms of State Aid --Aid for the Financing of Public Services --Compatible State Aids (Article 107(2) and (3) TFEU) --Guidelines of the Commission --Supervision of State Aids (Article 108 TFEU) --Existing Aids and New Aids --Aid Schemes --Notification of Aid Plans --The Preliminary Investigation Procedure --The Formal Investigation Procedure --Unlawful Aid --Recovery of Unlawful Aid --Statement of Reasons of State Aid Decisions --Proceedings Brought by the Commission against a Member State --Judicial Protection: General Issues --Judicial Protection of Competitors --Complaints on State Aid --Derogations by the Council from Article 107 TFEU --Articles 107-109 TFEU --Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (codification) (Text with EEA relevance).
This is the first book-length treatment of the interaction and gaps between the free movement and competition rules of the EC Treaty.
This book is a compilation of contributions exploring the impact of the European Treaty provisions regarding state aid on Member States’ legislation and administrative practice in the area of business taxation. Starting from a detailed analysis of the European Courts’ jurisprudence on Art.107 TFEU the authors lay out fundamental issues – e.g. on legal concepts like “advantage”, “selectivity” and “discrimination” – and explore current problems – in particular policy and practice regarding “harmful” tax competition within the European Union. This includes the Member States’ Code of Conduct on business taxation, the limits to anti-avoidance legislation and the options for legislation on patent boxes. The European Commission’s recent findings on preferential “rulings” are discussed as well as the general relationship between international tax law, transfer pricing standards and the European prohibition on selective fiscal aids.
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.