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The Law of State Aid in the European Union


ISBN13: 9780199265329
ISBN: 0199265321
Published: August 2004
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £192.50



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EC 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. Significant and increasingly frequent legislative and regulatory measures have been adopted at the European level in this field. There are various reasons for this developing EU focus on public intervention in the economy, however the fundamental and primary rationale is the completion of the internal market, and the pressure which that brings for liberalization and privatization. This volume analyses the concept of aid and examines fundamental questions concerning the scope of state aid law.

It also offers 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. The final part of the book is devoted to an assessment of the system of remedies and enforcement both at the EU and national level. The contributors to this volume come from a wide variety of backgrounds: they include academics, practitioners, the judiciary, and Government representatives at both national and EU level.

Subjects:
Competition Law, EU Law
Contents:
Introduction
PART I: GENERAL ISSUES
1. Definition of Aid
2. The Economics of State Aids
3. State Aids and the Financing of Services of General Interest
4. State Aids and Barriers to Trade
5. The European Commission Policy
6. State Aids and Enlargement
7. The EEA State aid regime: 'Small brother is watching you'
8. The Legal Regime of Subsidies in WTO Law
9. The 'cost-to-government' doctrine in the WTO
10. State Aid and Taxation
PART II: SELECTED AREAS OF STATE AID LAW
11. State Aids and Public Undertakings
12. State Aid and Financial Institutions
13. State Aid in the Energy Sector
14. State Aid and Public Broadcasting
PART III: REMEDIES AND ENFORCEMENT
15. The Role of the European Courts
16. Some Procedural Conundrums in State Aids Law
17. Decentralized Enforcement of State Aid Law: General Observations
18. The Role of National Courts
19. Substantive Issues of State Aid in a National Context
20. A View from the Bench