State Aid Principles to Guide State Aid Reform

State Aid Principles to Guide State Aid Reform PDF Author: Vermont. State Board of Education
Publisher:
ISBN:
Category : Government aid to education
Languages : en
Pages : 5

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State Aid Law of the European Union

State Aid Law of the European Union PDF Author: Herwig C. H. Hofmann
Publisher: Oxford University Press
ISBN: 0191040886
Category : Law
Languages : en
Pages : 657

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Book Description
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.

The State Aid Guide

The State Aid Guide PDF Author:
Publisher:
ISBN:
Category : Government aid
Languages : en
Pages :

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Book Description
"Guidance to help public officials understand the State aid rules that may affect their proposals and plans for giving aid to industry."--BERR website (Reports & Publications).

EU Competition Law

EU Competition Law PDF Author: Nicola Pesaresi
Publisher:
ISBN: 9789077644300
Category : Antitrust law
Languages : en
Pages : 0

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Book Description
This book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. With the adoption of its 2005 Action Plan, the European Commission has launched a major reform of its State Aid policy. New Rules on research and development and innovation, risk capital, regional policy and services of general economic interest have recently been adopted. This book explains in detail the substance and procedure established by the EU Treaty rules on State Aid, as well as covering these major changes. It also provides an exhaustive guide to the major upheaval of the Commission's State Aid policy that has taken place in recent years. This second edition of the State aid volumes constitutes a state of the art description and analysis of all aspects of the State aid discipline. Above all, it sets out all the novelties of the State Aid Modernisation programme which was launched in 2012 and completed in summer 2014. The new edition reviews all major guidelines, frameworks and legislation, including the Procedural Regulation, the Enabling Regulation, the General block exemption Regulation and the de minimis Regulation. The book explains the Commission's overall approach to compatibility of State aid, describes the new common principles for assessment and discusses the new requirements for evaluation and transparency. It gives a detailed account of the new rules on research, development and innovation, energy and environment (including the ETS), risk capital and risk finance, regional development, and rescue and restructuring of firms in difficulty. The book also explains the first rules ever adopted by the Commission on important projects of common European interest. It discusses the relationship between State aid and the Structural Funds, in particular in light of the new use of those funds via financial instruments. All the main economic sectors affected by the modernisation programme are discussed, including broadband, cinema, public service broadcasting, aviation, maritime and land transport, agriculture and fisheries. A special section is dedicated to services of general economic interest, introducing the new SGEI package and explaining how it has been applied. The section on banking provides a full account of how the rules and enforcement practice have evolved since the start of the financial crisis and discusses the issues which arise with the introduction of the new regulatory framework for a European Banking Union. The notion of aid section takes account of the most recent jurisprudence of the Union Courts and the Commission's decisional practice, thereby addressing issues frequently faced by practitioners and public authorities. Above all, the new edition builds on the hands-on expertise of many authors who have been dealing with State aid cases in the recent past.

EU State Aid Control

EU State Aid Control PDF Author: Philipp Werner
Publisher: Kluwer Law International
ISBN: 9789041151476
Category : Commercial law
Languages : en
Pages : 0

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Book Description
Introduction - The Law and Economics of EU State Aid Control /Vincent Verouden and Philipp Werner --Advantage /Giuseppe Conte and James Kavanagh --State Measure /Rein Wesseling and Marieke Bredenoord-Spoek --Selectivity /Michael Honoré --Distortion of Competition and Effect on Trade /Jacques Derenne and Vincent Verouden --Compatibility of Aid - General Introduction /Leigh Hancher and Phedon Nicolaides --General Block Exemption Regulation /Koert van Buiren and Alexander Rose --Ex Post Evaluation of Aid /Xavier Boutin and Inkalotta Nuotio-Osazee --Research, Development and Innovation Aid /Pascal Belmin and Hans Zenger --Regional Aid /Hans W. Friederiszick and Massimo Merola --Risk Finance Aid /Isabel Taylor and Albert Bravo-Biosca --Rescue and Restructuring Aid /Ulrich Soltész and Bruce Lyons --Services of General Economic Interest /Philipp Werner and Vincent Verouden --Infrastructure Aid /Penelope Papandropoulos and Elisabetta Righini --State Aid in the Broadband Sector /Hein Hobbelen and Oliver Stehmann --State Aid in the Postal Services Sector /Alessandra Fratini and Khaled Diaw --Transport Aid /Udo Woll and Andrew Meaney --Energy and Environmental Aid /Kai Struckmann and Geza Sapi --Aid to Broadcasting, Culture and Sport /Christine Gerlach and Dimitrios Pikios --Aid in the Banking Sector /Stan Maes and Stephen Mavroghenis --State Aid and Privatisation /Andreas von Bonin and Elisabeth Häringer.

The EC State Aid Regime

The EC State Aid Regime PDF Author: Michael Sánchez Rydelski
Publisher: Cameron May
ISBN: 1905017340
Category : Antitrust law
Languages : en
Pages : 848

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Book Description
The EC State Aid Regime will enable readers without any knowledge in the area, an easy access to the notion of state aid, the key concepts of the state aid procedure and the legal remedies. At the same time, it provides state aid experts with specific and in-depth analysis of subjects such as infrastructure funding, the market investor test, rescue and restructuring aid, state aid and risk capital, regional aid, aid for environmental protection, state aid and emission trading, state aid to the aviation and shipbuilding sectors, state aid in the fields of agriculture and fisheries, state aid to culture and sports, and the international dimension of state aid. The important area of state aid to services of general economic interest receives special attention in a separate chapter. The growing importance of economic analysis in the area of state aid and the ongoing discussion of the state aid reform have also been addressed in two separate chapters in the book. The team of contributors is composed of practitioners, scientists, economists and civil servants of different administrative bodies and the European Commission. The EC State Aid Regime will be a great resource for legal practitioners, national judges, civil servants, academic and students, who want to acquire or enhance their knowledge in this expanding field of law.

The Reform of EC Competition Law

The Reform of EC Competition Law PDF Author: Ioannis Kokkoris
Publisher: Kluwer Law International B.V.
ISBN: 9041126929
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.

The Modernisation of State Aid for Economic and Social Development

The Modernisation of State Aid for Economic and Social Development PDF Author: Bruno Nascimbene
Publisher: Springer
ISBN: 3319992260
Category : Law
Languages : en
Pages : 315

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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.

The Oxford Handbook of European Union Law

The Oxford Handbook of European Union Law PDF Author: Anthony Arnull
Publisher: Oxford University Press
ISBN: 0191653055
Category : Law
Languages : en
Pages : 950

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Book Description
Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

State aid guidelines for environmental protection and energy (EEAG)

State aid guidelines for environmental protection and energy (EEAG) PDF Author: Catherine Banet
Publisher: Centre on Regulation in Europe asbl (CERRE)
ISBN:
Category : Business & Economics
Languages : en
Pages : 116

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Book Description
Europe’s energy State aid guidelines no longer reflect the market reality and need to be carefully revised. This study looks at the existing rules and provides recommendations for the revised guidelines to effectively contribute to accelerating the decarbonisation of Europe’s economy. It calls on the European Commission to pursue a combined approach that looks at reinforcing both common objectives and specific State aid measures. Since the approval of the latest Guidelines for State Aid for Energy and Environmental Protection (EEAG) in 2014, the EU institutions have agreed to accelerate the decarbonisation process to reach a climate-neutral economy by 2050. This strong impetus heavily influences the energy market where we see new economic models and types of actors emerging, and where there has been significant technological progress over the past years. The energy and environmental protection State aid guidelines no longer reflect the market’s reality and need to be revised carefully. As Brussels is about to kick off the revision of the EEAG, this report provides recommendations for new rules that effectively contribute to fast-tracking the transition towards low carbon energy systems in a cost-efficient way. Above all, Brussels should align the new rules with its 2030 climate and energy transition targets. “The EEAG reform should combine approaches that look both at common objectives and specific aid measures. This requires a significant evolution of the current regime whilst ensuring smooth continuity. Defining clear criteria to assess the contribution of a specific State aid measure to the ‘common interest’ is of utmost importance. The revised EEAG should strengthen these assessment criteria, including for specific aid measures. They must promote technology neutrality and consider the energy system’s resilience. Among the assessment criteria, the application of the proportionality test should be improved.” - Catherine Banet, author of the report The Guidelines are part of a bigger ecosystem of rules. The EEAG work in close interaction with the general block exemption Regulation (GBER) which allows the Commission to exempt prior State aid notification – and approval – in specific cases. This has proven to be efficient and should be maintained. If, during the review, a different approach is chosen, it may impact the entire architecture of the hard and soft law ecosystem of the EU state aid regime. The Clean Energy Package for All Europeans is a driver of the reflection behind the revision of the Guidelines. The scope of application of the EEAG should reflect and build upon the provisions laid down in this package. At the same time, the new Guidelines have the challenging task of anticipating the impacts of moving climate targets from the European Green Deal and the upcoming rules to achieve them, such as the revised renewable energy directive, the revised alternative fuels infrastructure directive, the implementation of the sector integration strategy and the Hydrogen strategy. Finally, enforcing the rules is just as important as setting the right rules. The report notes that, on several occasions in its recent case law, the Court of Justice of the EU has reversed some of the European Commission’s approval decisions, with major impacts on markets. The revised Guidelines should be set and applied so as to eliminate the risk of reversals of the Commission’s decisions as much as possible. “The COVID-19 crisis is just one example of the deep uncertainties and changes our society is going through. Europe should be prepared for more disruption. We need to build a more resilient energy system that can cope with such unexpected external shocks. The energy state aid Guidelines should be an integral part of a long term sustainable recovery roadmap.” - Catherine Banet, author of the report.