Directory of EU Case Law on State Aids PDF Download
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Author: René Barents
Publisher: Kluwer Law International B.V.
ISBN: 9041167234
Category : Law
Languages : en
Pages : 1333
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Book Description
Since the first edition of this immensely useful book – which coincided with the start of the global financial crisis in 2008 – there have been numerous high-profile cases on State aid. This new edition, which follows the same proven format as its predecessor, updates its analysis of case law with hundreds of new decisions by the EU courts, 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 TFEU rules on State aids (Articles 107–109). Each subject heading starts with extracts having a more general meaning, followed by extracts relating to specific points or situations. Under each extract or summary, the judgments and orders are referred to by case number in ascending order. The book covers all the case law of both courts until the end of 2015. 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; - the Altmark conditions for public service aid; - restructuring aids; - procedural aspects; - locus standi of trade associations; and - existing aids and new aids. In many areas, the extracts of this book relate to points of the judgments which are not or only partially covered in official summaries. For accessibility of this case law, this book has no peers. As with the first edition, practitioners in the field of EU State aid law will find it indispensable.
Author: René Barents
Publisher: Kluwer Law International B.V.
ISBN: 9041167234
Category : Law
Languages : en
Pages : 1333
Get Book Here
Book Description
Since the first edition of this immensely useful book – which coincided with the start of the global financial crisis in 2008 – there have been numerous high-profile cases on State aid. This new edition, which follows the same proven format as its predecessor, updates its analysis of case law with hundreds of new decisions by the EU courts, 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 TFEU rules on State aids (Articles 107–109). Each subject heading starts with extracts having a more general meaning, followed by extracts relating to specific points or situations. Under each extract or summary, the judgments and orders are referred to by case number in ascending order. The book covers all the case law of both courts until the end of 2015. 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; - the Altmark conditions for public service aid; - restructuring aids; - procedural aspects; - locus standi of trade associations; and - existing aids and new aids. In many areas, the extracts of this book relate to points of the judgments which are not or only partially covered in official summaries. For accessibility of this case law, this book has no peers. As with the first edition, practitioners in the field of EU State aid law will find it indispensable.
Author: R. Barents
Publisher:
ISBN: 9789041127327
Category : Competition, Unfair
Languages : en
Pages : 0
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Book Description
This immensely useful book is a quick source of reference for practitioners working with EC State aid matters. Following a highly organized sequence of subject headings, it presents extracts from all relevant judgments and orders of both the European Court of Justice and the Court of First Instance on the EC Treaty rules on State aid (Articles 87-89). Each subject heading starts with extracts having a more general meaning, followed by extracts relating to specific points or situations. Under each extract or summary, the judgments and orders are referred to by case number in ascending order. The articles of the EC Treaty are cited according to the method of citation pursuant to the renumbering of the articles of that treaty brought about by the Treaty of Amsterdam. The book covers all the case law of both courts until March 2008. With this book practitioners will quickly find relevant paragraphs and full citations regarding all issues raised by Articles 87-89 EC, including the following and much more: - territorial scope of State aids; - Article 87(1) EC and WTO agreements; - conditions for categorizing a national measure as State aid; - free movement of goods; - common agricultural policy; - powers and discretion of the Commission; - undertakings; - private versus public investment; - justification of selective measures; - aid liable to affect trade and to distort competition; - the Altmark conditions for public service aid; - restructuring aids; - administrative procedure; - locus standi of trade associations; and - scope, nature, and limits to the Council's power under Article 88(2) EC. In many areas, the extracts in this bookrelate to points of the judgments which are not or only partially treated in official summaries. For accessibility of this case law, this book has no peers. Practitioners in the field of EC State aid law will find it indispensable.
Author: René Barents
Publisher: Kluwer Law International B.V.
ISBN: 9403511028
Category : Law
Languages : en
Pages : 1252
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Book Description
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.
Author: René Barents
Publisher: Kluwer Law International B.V.
ISBN: 9041183647
Category : Law
Languages : en
Pages : 1430
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Book Description
This well-known book, prized since 2007 by practitioners in EU competition law for its easy-tofind extracts sorted by subject, is now in its second and hugely expanded edition, covering all decisions of the Court of Justice and the General Court of the European Union on competition law through the end of 2016. This new edition comprising of forty-seven chapters follows the same easy-to-use format as the earlier volume and covers all the case law on the substantive and procedural aspects of the EU treaty rules and legislation on antitrust and mergers. To improve the accessibility of the case law, this book is structured as follows: – Hundreds of headings and subheadings present virtually every point from which a researcher is likely to start. – Each subject heading starts with extracts having a more general meaning followed by extracts relating to specific points or situations. – Extracts are accompanied by cross references where appropriate. – Extracts are drawn from all EC competition case law encompassing every judgment and order in the ‘Reports of Cases before the Court of Justice and the General Court’ (‘Summary of the Judgment’) until 2017. Although it is primarily of value to barristers, solicitors, in-house lawyers of companies and associations of companies, officials of national competition authorities, and other active practitioners in EU competition law, the book will also be welcomed by scholars and others who need to obtain in a minimum of time an overview of what the European courts have actually stated about a specific point (including detailed references) in the field.
Author: Ferdinand Wollenschläger
Publisher: Kluwer Law International B.V.
ISBN: 940350210X
Category : Law
Languages : en
Pages : 421
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Book Description
Private Enforcement of European Competition and State Aid Law Current Challenges and the Way Forward Edited by: Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields. The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In country reports for these major jurisdictions, as well as in more general and comparative chapters, the authors focus on such issues as the following: impediments to private enforcement; which entity is liable for damages; binding effect of decisions of competition authorities; limitation of actions; collective actions and pooling of claims; enforcement of the standstill obligation (Article 108(3) TFEU); remedies and information deficits; cooperation and coordination between national courts and the European Commission; transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States; extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and prospects for harmonisation of State aid law. A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework. As an in-depth assessment of key obstacles and best practices in private enforcement actions, this highly informative and practical volume facilitates choice of the best forum for competition and State aid law cases. Academics and practitioners engaged with this important area of European law will appreciate the authors’ awareness of the economic need and legal particularities which could generate an effective European system of private enforcement of legitimate claims under EU competition and State aid law.
Author: Corinne Ruechardt
Publisher: Kluwer Law International B.V.
ISBN: 904119116X
Category : Law
Languages : en
Pages : 490
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Book Description
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.
Author: Andreas Bartosch
Publisher: Kluwer Law International B.V.
ISBN: 9041125647
Category : Law
Languages : en
Pages : 778
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Book Description
This new volume updates the groundbreaking analysis of its first edition in 2002, when the EC common regulatory framework for electronic communications networks and services had just entered into force. So much has changed in the intervening years that that this new edition bears little resemblance to its predecessor, with every chapter either extensively altered or entirely new. It remains, however, the most detailed and comprehensive overview available of the application of the EC Treaty's competition rules in the markets for telecommunications and audiovisual media, and of the applicable regulatory framework. In thirteen chapters, each contributed by one or more noted legal authorities in the field, the second edition of EC Competition and Telecommunications Law covers the full range of EC telecommunications law across all major areas of both institutional and substantive law, both on the international and EC levels, including the following: State aid; the merger control regulation; justification for sector-specific regulation in EC competition law; network access; authorizations and privileges; and mobile telephony. Relevant EC media and communications law and relevant aspects of EC competition law are dealt with in detail. While some chapters focus on competition law, others deal primarily with sector-specific regulation. There is practical guidance throughout on procedural matters, alongside analysis of the substantive provisions. Well-known in its first edition, this thoroughly revised and updated version continue to be vital reading for practitioners, in particular those specializing in European competition law and for company and in-house lawyers who are seeking advice on how European law affects their business. As a detailed analysis of the basic legislative and regulatory framework of European telecommunications law, it will be an invaluable reference work for lawyers, judges, regulators, and policymakers in all the EC Member States, as well as for students and teachers of European law.
Author: Barry Rodger
Publisher: Kluwer Law International B.V.
ISBN: 9041146717
Category : Law
Languages : en
Pages : 408
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Book Description
It is the thesis of this fascinating and highly instructive book on competition law that an examination of one landmark case, scenario, or 'saga' each from a range of legal systems leads to a thorough understanding of the issues informing and arising from competition policy, law, and legal practice. To that end, leading scholars from 14 jurisdictions enhance their academic authority and rigour with an element of panache to describe a particularly salient case in each of their countries, commenting in depth on the contribution of the case to the development of their particular competition law culture and to the case’s enduring significance for competition law and its enforcement from a global perspective. There are chapters for each of thirteen countries as well as the European Union, preceded by an informative and thoughtful introduction. For each landmark case selected, the legislative background, the case facts, and the legal ruling and reasoning are all minutely described, along with commentary, critique, and assessment of the case’s impact and contemporary significance. The cases cover vast swathes of the competition law territory in terms of substance and procedure, dealing with cartels, abuse of dominance, mergers, and vertical restraints, and involving diverse forms of public and private enforcement processes. Aspects covered include the following: the public interest test; bid-rigging in public procurement; the entitlement of dominant companies to compete on a level footing with other companies; the hard-to-draw line between legitimate competition and unlawful monopolizing conduct; the dangers of eclectic borrowing in the development and interpretation of competition law rules; horizontal price-fixing collusion ‘hub and spoke’ cartels; resale price maintenance agreements and the U.S. ‘rule of reason’; the increasing use of private enforcement and the right for victims of a competition law infringement to seek compensation; merger control in energy markets and the political use of merger review rules to benefit domestic firms; cooperation with criminal enforcement agencies and prosecutors; the role courts play in undertaking adequate legal supervision of competition authorities; leniency processes and obtaining access to ‘confidential’ whistleblowing documentation; imposition of administrative fines and other deterrence-based sanctions; and how the ‘consumer welfare’ standard is interpreted. More than a set of landmark case descriptions, this book, in which many chapters reflect upon recent and consider further future significant reforms, demonstrates that competition law and its enforcement processes form part of a chronological narrative, and that it is important to understand the broader legal, social, and economic context within which competition law and policy develop. This wider perspective will prove immeasurably valuable to the many practitioners, business people, jurists, and policy makers engaged in the shaping of competition law in any jurisdiction, and will moreover be essential reading for postgraduate students studying any aspects of comparative competition law enforcement.
Author: R. Barents
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 836
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Book Description
Extracts and references to judgments of the Court of Justice of the European Communities and the Court of First Instance.
Author: Ioannis Lianos
Publisher: Kluwer Law International B.V.
ISBN: 9041144463
Category : Law
Languages : en
Pages : 626
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Book Description
This book represents a fresh approach to EC competition law – one that is of singular value in grappling with the huge economic challenges we face today. As a critical analysis of the law and options available to European competition authorities and legal practitioners in the field, it stands without peer. It will be greatly welcomed by lawyers, policymakers and other interested professionals in Europe and throughout the world.
