Enforcement of State Aid Rules for Services of General Economic Interest Before Public Procurement Review Bodies and Courts PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Enforcement of State Aid Rules for Services of General Economic Interest Before Public Procurement Review Bodies and Courts PDF full book. Access full book title Enforcement of State Aid Rules for Services of General Economic Interest Before Public Procurement Review Bodies and Courts by Albert Sanchez-Graells. Download full books in PDF and EPUB format.
Author: Albert Sanchez-Graells
Publisher:
ISBN:
Category :
Languages : en
Pages : 31
Get Book Here
Book Description
One of the criticisms against the new rules applicable to the granting of State aid to finance the provision of services of general economic interest in the "Almunia package" is that enforcement is likely to be their weakest point. Similarly, in the more general setting of the "private" enforcement of State aid rules, the 2006 Study on the Enforcement of State Aid Law at National Level recommended that the European Commission created a common minimum standard of remedies applicable in all EU jurisdictions, stressing that "one possible means of creating such a standard would be to adopt a remedies directive for State aid cases, which could be modelled on the remedies directive for procurement cases".Building up on these considerations, the extent to which the existing remedies within the system for the enforcement of EU public procurement rules provide an effective platform to enforce EU State aid rules (and, more specifically, those for the financing of SGEIs) before public procurement review bodies and courts is assessed. The paper describes the main groups of cases where public procurement litigation "phagocytises" State aid considerations. It then proceeds to explore the viability, from an EU law perspective, of configuring public procurement review bodies and courts as "State aid courts" for the purposes of the simultaneous enforcement of both sets of rules in a single setting of "private" litigation. It also submits that using the public procurement system in this way provides effective remedies for the enforcement of the Almunia Package for the financing of SGEIs.
Author: Albert Sanchez-Graells
Publisher:
ISBN:
Category :
Languages : en
Pages : 31
Get Book Here
Book Description
One of the criticisms against the new rules applicable to the granting of State aid to finance the provision of services of general economic interest in the "Almunia package" is that enforcement is likely to be their weakest point. Similarly, in the more general setting of the "private" enforcement of State aid rules, the 2006 Study on the Enforcement of State Aid Law at National Level recommended that the European Commission created a common minimum standard of remedies applicable in all EU jurisdictions, stressing that "one possible means of creating such a standard would be to adopt a remedies directive for State aid cases, which could be modelled on the remedies directive for procurement cases".Building up on these considerations, the extent to which the existing remedies within the system for the enforcement of EU public procurement rules provide an effective platform to enforce EU State aid rules (and, more specifically, those for the financing of SGEIs) before public procurement review bodies and courts is assessed. The paper describes the main groups of cases where public procurement litigation "phagocytises" State aid considerations. It then proceeds to explore the viability, from an EU law perspective, of configuring public procurement review bodies and courts as "State aid courts" for the purposes of the simultaneous enforcement of both sets of rules in a single setting of "private" litigation. It also submits that using the public procurement system in this way provides effective remedies for the enforcement of the Almunia Package for the financing of SGEIs.
Author: Caroline Wehlander
Publisher: Springer
ISBN: 9462651175
Category : Law
Languages : en
Pages : 381
Get Book Here
Book Description
This book offers a legal understanding regarding the core elements of SGEI (Services of General Interest), and of how the post-Lisbon constitutional framework on SGEI affects the application of the EU market rules by the EU Court of Justice, including procurement rules, to public services. It is built up of three parts, namely Part I: No Exit from EU Market Law for Public Services, Part II: SGEI as a Constitutional Voice for Public Services in EU Law, and Part III: The cost of loyalty, the relationship between EU procurement and state aid legislation on social services and the Treaty rules on SGEI, ending with a case study of Swedish systems of choice. Analyses are also provided on how the EU legislator engages in the Europeanisation of social services through EU procurement and state aid rules that have an ambiguous relationship to the Treaty framework on SGEI. Some explanation to this ambiguity is proposed by studying how the application of EU state aid rules could hinder the development of Swedish systems of choice liberalizing publicly-funded elderly care and school education. Included are propositions on crucial but yet unsettled legal questions, in particular what the legal meaning and relevance of the notion of economic activity in EU market law are and which core elements characterize SGEI. This book is therefore mainly aimed at legal academics and practitioners but may also be of interest to political scientists. Caroline Wehlander studied at Umeå University and holds the title of Doctor of Laws. She lives and works in Sweden.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
Author: Ferdinand Wollenschläger
Publisher: Kluwer Law International B.V.
ISBN: 940350210X
Category : Law
Languages : en
Pages : 421
Get Book Here
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: Bruno Nascimbene
Publisher: Springer
ISBN: 3319992260
Category : Law
Languages : en
Pages : 315
Get Book Here
Book Description
This book analyses the recent modernisation of EU State aid law from various perspectives, and considers both substantive and procedural aspects. It also discusses the reasons for, and the goals and future implications of the modernisation programme, including the evolution of the concept of State aid. The ambitious reform programme was launched in 2012 and has now been almost fully implemented by virtue of the adoption of new rules of procedure in July 2013, and exemption in June 2014. The book highlights the main aspects of this sector reform, which include the Commission’s change of attitude towards so-called positive aid, i.e. those able to promote economic growth, and the intention to focus on matters of greater systematic extent. These objectives also imply a third aspect: increasing the intensity of the control powers conferred on the Commission with regard to that aid that prove to be harmful to competition and the internal market. The book also examines the greater responsibility given to States for self-assessment of their economic policy measures, and explores the resulting impact on, and challenges posed to the administrations of the Member States. The book’s second part is devoted to the application State aid rules in the area of services of general economic interest, with a special focus on aid in the field of social health and infrastructure.
Author: Leigh Hancher
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
Where the provision of healthcare services involves undertakings (entities engaged in the provision of goods and/or services on a market) these are subject to the EU state aid rules. State aid questions are raised in particular regarding the compensation for public service provision, which may qualify for exemption as services of general economic interest (SGEI). In the Altmark Case of 2003 the Court of Justice provided criteria for establishing whether aid is in fact involved or not. Where aid exists, this may still be declared compatible with the internal market by the European Commission based on a further set of SGEI criteria that it spelled out in its legislative packages of 2005 and recently in 2011. This paper first looks at the relevant tests in general and then focuses on the main substantive Commission state aid decision with regard to hospital care, involving the public hospitals in the Brussels capital region in 2009. This shows that the Commission leaves considerable leeway for the compensation of public service provision by hospitals. However a more formal approach by the Member States clarifying the scope of their SGEI would help in securing the safe harbour for these services that is provided by the 2011 framework.
Author: Catherine Barnard
Publisher: Oxford University Press
ISBN: 0198789130
Category : Law
Languages : en
Pages : 977
Get Book Here
Book Description
Written by experts, this innovative textbook offers students a relevant, case-focused account of EU law. Under the experienced editorship of Catherine Barnard and Steve Peers, the text draws together a range of perspectives on EU law designed to introduce students to the key debates and case law which shape this vast subject.
Author: Joachín Almunia
Publisher:
ISBN: 9783869652092
Category : Electronic books
Languages : en
Pages : 0
Get Book Here
Book Description
Hauptbeschreibung Proceedings of the Conference: ""The Reform of State Aid Rules on Services of General Economic Interest"" From the 2005 Monti-Kroes Package to the 2011 Almunia Reform, 30 September 2011 Global Competition Law Center, College of Europe, Bruges.
Author: Christopher Bovis
Publisher: Edward Elgar Publishing
ISBN: 1781953260
Category : Law
Languages : en
Pages : 665
Get Book Here
Book Description
Public procurement law is a necessary component of the single market because it attempts to regulate the public markets of Member States and represents a key priority for the European Union. This Research Handbook makes a major contribution to the understanding of the current EU public procurement regime, its interface with the law of the internal market and the pivotal role that this will play in the delivery of the European 2020 Growth Strategy.
Author: Rumyana Spasova
Publisher:
ISBN: 9781780680330
Category : Economic assistance
Languages : en
Pages : 0
Get Book Here
Book Description
On the basis of the legal provisions currently in force - and of the practices of the CJEU and of the European Commission on their application - this book provides an in-depth analysis of the legal regime applicable to state compensation for the provision of Services of General Economic Interest (SGEI). Thereby, these rules have not been looked at as isolated and detached from the general rules and the principle governing provision of state aid within the European Union, but it has constantly been attempted to place them in the bigger context of the rules on state aid, as well as to show their relationship with other fields of European law. Special attention is also paid to the relationship between the Altmark conditions, the general prohibition of state aid stipulated in Art 107 (1) TFEU and the special exception thereof contained in Art 106 (2) TFEU. In the course of this research, the objective has been to define the concrete meaning of the separate sets of rules applicable to state compensation for the provision of SGEI, as well as to identify and provide answers to certain theoretical and practical questions arising in the course of their application.
