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Vol 21 No 11 Nov/Dec 2016

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State Aid Law of the European Union


ISBN13: 9781847037497
Published: December 2008
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £340.00



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In June 2005 the European Commission launched a comprehensive reform of state aid rules and procedures. This book provides an up to date, practical examination of the basic state aid rules of the EC treaty, the procedural rules, EC court practice and the role of the national courts, in light of this reform. It presents a detailed examination of the various types of horizontal aid and sectoral aid to offer a comprehensive understanding of each.

The authors go through the basic principles and procedural rules, and cover all the relevant issues with regard to article 87 of the European Community Treaty and other relevant state aid articles. It offers practical examples of how to calculate procedural time limits and aid intensities; describes the processes involved in recovering aid, and covers the role of the courts in state aid.

  • Provides detailed coverage of horizontal aid, including aid for SME, training aid, employment aid, environmental aid, rescue and restructuring aid and aid for research, development and innovation.
  • Covers sectoral aid, including coal and steel, shipbuilding, synthetic fibres, transportation, export, electricity, agriculture and fisheries.
  • Provides a detailed examination of the relationship between EC-treaty rules on state aid and other rules on the treaty.
  • Features detailed references to cases and legislation.

Subjects:
Competition Law, EU Law
Contents:
The EU's Basic Rules on State Aid;
The prohibition of State aid in art.87(1) of the EC Treaty;
Different kinds of aid
Article 87 in more detail
Exceptions in art.87(2)
Exceptions in art.87(3)
The Commission's exercise of its powers under art.87
The possibility for exceptions to the prohibitions of State aid in art.87(1) adopted by the Council
The Council's powers under art.89 to make appropriate regulations for the application of arts 87 and 88;
The scope of application of the State aid rules
The Administrative Procedure in State Aid Cases
Notification and procedure
Article 88 of the EC Treaty on notification
Regulation (EC) No.659/1999 on procedural rules
The Transparency Directive
Commission communication on the application of arts 87 and 88 of the EC Treaty and of art.5 of the Transparency Directive to public undertakings in the manufacturing sector
The Regulation on horizontal State aid
Horizontal Aid
The De Minimis Regulation
Introduction to the General Block exemption Regulation (GBER)
Environmental aid
Aid for research, development and innovation
Aid for rescuing and restructuring firms
Regional aid
Risk capital investments in small and medium-sized enterprises
State aid and tax
State guarantees and other financial instruments;
Privatisation
Sectoral Aid
Coal and Steel
Shipbuilding
Synthetic fibre (textiles) and motor vehicles
Air transport
Maritime transport
Export aid
Export credit insurance and State aid
Deprived urban areas
The electricity sector
Aid for transport by rail, road and inland waterway
Agriculture
Fisheries
Services of general economic interest
Radio and television and compensation for public service obligations
The Relationship Between the Treaty State Aid Rules, and Between Those Rules and Other Treaty Rules;
The relationship between art.87 and art.73 on aid to the transport sector
The relationship between art.87 and art.76 on the prohibition of fares etc. in respect of transport involving any element of support or protection of one or more particular undertakings or industries
The relationship between art.86 and art.73
The relationship between the notification requirement in art.88(3) and art.86(2) on compensation for the operation of services of general economic interest
The relationship between art.87 and art.86(2) on undertakings with public service obligations;
The relationship between art.87 and art.36 on aid to agriculture
The relationship between art.87 and art.81 on agreements restricting competition, and art.82 on abuse of dominant position
The relationship between art.87 and art.28 on quantitative restrictions on imports and all measures having equivalent effect
The relationship between art.87 and art.31 on State monopolies of a commercial character
The relationship between art.87 and art.90 on discriminatory internal taxes and art.25 on customs duties on imports and exports and charges having equivalent effect
Selected Topics
On the legal nature of the Commission's framework provisions, guidelines, notices and letters on State aid
State aid and mergers of undertakings
The market economy investor principle
Cross-subsidisation
Cumulation of aid
Aid ceilings, aid intensity and grant equivalent
Preferential energy tariffs
Repayment of State Aid
What must be repaid?
Calculation of interest
Who must carry out the Commission's decision on repayment and under what rules?
Who must repay?
Protection of legitimate expectations
Repayment which is de facto impossible
Non-compliance with a decision to recover State aid
Judicial Protection in State Aid Cases
Control by the Community courts
Control by the national courts