Droit Des Aides D'etat Dans la CE

Front Cover
Kluwer Law International, 2008 - Law - 467 pages
0 Reviews


A uniquely important contribution to the debate on EC State aid, this book captures the direct knowledge and experience of twenty-six current and former Commission State aid litigators, offering detailed and‘insiderand’ analysis of EC State aid court cases, as well as related internal legal issues, between 1994 and 2008. The book brings together both legal and economic analysis, with detailed reflections on aspects of both substantive legal rules and procedural law. It also offers, over and above the specific interest of the contributions it contains, invaluable insights into the working methods of the Commission Legal Service.

This collaborative work was conceived and realized by its authors as a mark of recognition, and a gesture of respect and friendship, for Francisco Santaolalla, on the occasion of his retirement from the Commission after fourteen yearsand’ service as Director of the State aid team.

Among the many legal and economic forces affecting State aid litigation, the authors focus on such factors as the following:

  • exports;
  • private investment;
  • role of economic analysis;
  • ecotaxes;
  • privatization;
  • remedies;
  • existing aid;
  • third parties;
  • actions against State aid decisions;
  • national court decisions;
  • fiscal discipline; and
  • WTO subsidies law.

In illuminating the underlying issues, and describing how they are handled by the Commission Legal Service, the authors shed light on the likely future development of State aid law. The book will be of particular interest to antitrust practitioners as well as academics.

 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Efficiency as the Final Goal of State Aid Control?
5
Ye Shall Know Them by Their Fruits
11
The Refined Economic Approach and the Design
19
Conclusions
25
Chapter 2
27
Lawyers versus Scientists?
33
Economic Analysis Should Guide the Exercise
39
Chapter 3
43
Conclusion
237
Chapter 12
239
Dereglementations
254
Conclusions
262
Chapter 13
265
Recent and Developing Issues
276
Conclusion
287
Chapter 14
289

Questions institutionnelles relatives aux aides dEtat dans
58
Conclusion
64
Chapter 4
65
Conclusion
87
Chapter 5
89
Planning Permission and State Resources
93
The Cultural
103
Chapter 6
109
Substantive Requirements of the Private Investor Test
117
Conclusion
123
Chapter 7
125
Analyse de larreˆtAcores
130
Nouvelle approche proposee
138
Chapter 8
145
Conclusion
167
Chapter 9
169
State Aid Regulations and Guidelines Concerning Export Aid
175
Export Aid and Compatibility
184
Chapter 10
191
The Commissions PostAltmark Package
201
Entrustment of SGEIs and the Impact of Tenders
208
Proportionality and the Efficiency Gap
214
Cost Allocation and CrossSubsidies
218
Chapter 11
223
Exceptional Fiscal Burden
224
Complaining Tax Payer
230
The Legal Status of Existing Aid
297
Chapter 15
311
Treaty Rules
320
Procedural Regulations
326
Conclusion
344
Chapter 16
347
Standing before the Community Courts and Acts
359
Some Tentative Conclusions
365
Chapter 17
369
The Direct Concern Requirement
371
Individual Concern
377
Conclusions
387
Chapter 18
391
Le double roˆle du juge national
395
Conclusions
407
Chapter 19
409
Le contribuable au service de la discipline des aides dEtat
420
Le faconnement de la fiscalite par les aides
423
Chapter 20
425
Une absence prolongee de sanction de lillegalite de laide
434
Chapter 21
441
Giving Effect to the SCM Agreement
449
EC Block Exemption Regulations and Prohibited Subsidies
456
Comparative Review
464
Copyright

Common terms and phrases

Bibliographic information