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Vol 21 No 10 Oct/Nov 2016

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State Aid Law of the European Union

Edited by: Herwig C. H. Hofmann, Claire Micheau

ISBN13: 9780198727460
Published: August 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £145.00



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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 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.

Subjects:
Competition Law, EU Law
Contents:
PART I: RATIONALES FOR STATE AID RULES
1. Activity in a Multi-level System: Motivations for Aid, Why Control It, Evolution of Aid in the EU
2. Evolution of Aid in the EU: Classifying Different Types of Countries, and the Financial and Economic Crisis
3. Evolution of State Aid Rules: Conceptions, Challenges, and Outcomes

PART II: THE NOTION OF STATE AID
1. Criterion of State Origin
2. The Notion of Undertaking
3. Criterion of Advantage
4. Criterion of Selectivity
5. Distortion of Competition and Effect on Trade Between EU Member States
6. Public Procurement and State Aid
7. European Structural, Investment Funds, and State Aid Control

PART III: COMPATIBILITY RULES ON STATE AID
1. General Theory on Compatibility of State Aid
2. De Jure Compatible Aid under Article 107 (2) TFEU
3. Aid Subject to a Discretionary Assessment under Article 107 (3) TFEU
4. Rescue and Restructuring Aid
5. Transport Aid (Article 93 TFEU)
6. Aid Deemed to be Compatible with the Internal Market: The General Block Exemption Regulation (GBER)

PART IV: PROCEDURES BEFORE THE COMMISSION
1. The Administrative Procedure - the Privileged Dialogue
2. The Different Stages in the State Aid Procedure
3. Recovery of Unlawful Aid and the Role of the National Courts

PART V: JUDICIAL REVIEW BEFORE THE COURT OF JUSTICE OF THE EUROPEAN UNION
1. Introduction: EU State Aid Litigation in a Quasi-Federal System
2. Direct Actions and Judicial Review before the Union Courts
3. Decentralized Judicial Review and Enforcement of EU State Aid Rules

PART VI: GLOBAL APPROACH OF STATE AID LAW - WTO LAW AND EU TRADE DEFENCE INSTRUMENTS
1. WTO Subsidy Laws: The International Regulation of State Aid
2. Anti-subsidy Law and Practice of the European Union