Download or read book Services of General Economic Interest in the State Aids Regime written by Ewa Gromnicka and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article is an attempt at the systemization of the recent developments in the Community State Aid policy with regard to services of general economic interest. The analysis of the relationship between article 87 and 86(2) of the Treaty is illustrated by the case law of the European Court of Justice. Particular attention is paid to the practical impact of the Altmark judgment and its theoretical implications. Critical evaluation of the conditions for financing of service of general economic interest is taken up in detail. The conclusion offers a view of the present and prospective Community impact on the development of services of general economic interest, demonstrating that its consequences are further reaching than previously considered.

Download or read book The EC State Aid Regime written by Michael Sánchez Rydelski and published by Cameron May. This book was released on 2006 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Public Services and State Aid written by Rumyana Spasova and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Criterion of Advantage in State Aid written by Wolf Sauter and published by . This book was released on 2014 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advantage is one of the four cumulative criteria that determine whether the EU state aid regime is applicable. Here we look at advantage in relation to compensation for public service obligations. In its Altmark ruling of 2003 the CJEU has fashioned a four part test that, if met, means that the compensation is merely a quid pro quo and no advantage is conferred, so there is no aid. Such a finding can be made by all competent national courts. Based on Altmark the Commission has adopted a regulatory package for services of general economic interest (SGEI: EU terminology for public services) in 2005 and 2011. This applies if not all the conditions set by the Court are met, so aid is present but may still be found compatible with the internal market. The Commission has a monopoly on making such a finding. For certain sectors the package provides a (general) block exemption which is directly applicable. This is aimed at welfare services. The package also provides a framework for individual exemption decisions by the Commission. This is aimed at the utilities. Two short case studies are provided here, one on healthcare and one on broadband services.

Download or read book Defining the Scope of State Aid written by Raymond Luja and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the European Court of Justice rightly pointed out in the 1960's, it makes little sense regulate national governments' provision of traditional subsidies to companies while leaving the option to grant financial benefits by other means unrestricted, for instance via the tax system. So, in essence, the European Union's state aid framework does apply to a broad range of government benefits. This working paper is based on a lecture given at a conference of EU (non-tax) lawyers so it will not address the many cases and complexities that arise in interpreting state aid rules when confronted with taxes. What it will do is point out how some of the peculiarities in decisions and judgements concerning fiscal aid may affect the state aid regime in general. For this purpose I have selected some issues that will be briefly addressed: (i) the treatment of indirect aid, and in particular the discrepancy that may exist between the financial advantage enjoyed by an aid recipient and the amount of resources given up by the state; (ii) the attribution of state aid to governments in light of compliance with EU directives; (iii), the renewed General Block Exemption Regulation and the procedural nightmare it may become for diligent taxpayers, (iv) ex-officio references to the ECJ by national judges in the context of them being asked to rule on the awarding of subsidies or tax benefits in domestic proceedings, (v) analytical versus synthetic taxation and its place within the general state aid framework, with a focus on royalties and (vi) the treatment of public enterprises as profit-pursuing market participants, when they are not involved in services of general economic interest (SGEIs).

Download or read book Services of General Economic Interest SGEI and Universal Service Obligations USO as an EU Law Framework for Curative Health Care written by Wolf Sauter and published by . This book was released on 2007 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: Services of general economic interest (SGEI) are a legal category in the EC Treaty that is designed to enable proportionate restrictions on the Treaty's market freedoms (including competition) in so far as necessary to attain legitimate public policy objectives defined (in the first instance) at national level. In principle this concerns those cases where market failures cannot be effectively remedied with market-based solutions. This paper aims to set out the history of the SGEI concept and its legal basis in order to examine the question whether it might provide a useful regime for those hospital services that cannot at present be subjected to full market-based provision - while solidarity based state provision is not an option, or is no longer desirable. The answer to this question is that there is indeed scope for applying SGEI.Especially since the Altmark Trans judgment of the European Court of Justice national governments may be expected to become increasingly proactive in designating SGEI in order to obtain state aid immunity. Universal service obligations (USO) that guarantee universal access are one of the most important examples of the way SGEI are operationalised, for which this paper proposes a structured test. Finally, as regards the proportionality test applied to SGEI this paper suggests that in the absence of Community level standards for SGEI this means testing whether intervention is manifestly disproportionate, whereas in cases where pre-emption by Community legislation has taken place, the least restrictive means test applies.

Download or read book Social Services of General Interest in the EU written by Ulla Neergaard and published by Springer Science & Business Media. This book was released on 2012-10-30 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU has limited legislative competence in the field of social law. However, the Member States are increasingly modernizing social services and social (welfare) protection, attempting to make social services more efficient by increasingly looking to the market for the provision of such services. This policy move brings social services into the radar of EU law. The EU response to this sensitive issue has resulted in a piecemeal and fragmented approach towards the treatment of a new policy area of Social Services of General Interest (SSGI) in EU law and policy. This book is a first contribution towards charting how SSGI have emerged as a special category of SGI in the EU, the reaction of the Member States and stake-holders and how policy is being made through new governance processes, carve-outs and safe havens in legislation and soft law, especially in the light of the new values of the EU introduced by the Treaty of Lisbon 2009. It takes an inter-disciplinary approach and will be of interest to lawyers, economists and political scientists who are interested in EU policy-making as well as practioners, EU and national policy-makers. Ulla Neergaard is Professor of EU law at the Faculty of Law, University of Copenhagen, Denmark. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam, Professor of European Competition and Labour Law at the University of Leicester, Barrister, Littleton Chambers, UK. Johan W. van de Gronden is Professor of European Law at the Radboud University of Nijmegen, The Netherlands. Markus Krajewski is Professor of Public and International law at the University of Erlangen-Nuremberg.

Download or read book Services of General Economic Interest as a Constitutional Concept of EU Law written by Caroline Wehlander and published by Springer. This book was released on 2016-06-23 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Financing Services of General Interest in the EU written by Christopher H. Bovis and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present article reveals the interplay between public procurement and state financing of public services within the regulatory regime of state aids. The symbiotic flexibility embedded in the regime of regulating the award of public contracts which permits the introduction of public policy considerations in dispersing public services is established. This finding removes the often-misunderstood justification of public procurement as an economic exercise, and places its regulation in the centre of an ordo-liberal interpretation of the European integration process. The significance of public procurement for the financing of services of general interest is verified through an asymmetric geometry analysis. The article concludes that the public procurement framework will be relied upon for two main purposes: first to insert competitiveness within the public sector and market forces in the provision of services of general interest and secondly, to be used by the European judiciary and the European Commission as a system to verify conceptual links, create compatibility safeguards and authenticate established principles applicable in state aid regulation.

Download or read book A Critical Account of Article 106 2 TFEU written by Jarleth Burke and published by Bloomsbury Publishing. This book was released on 2018-03-22 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision offers a sceptical perspective on how EU law applies to public services. Article 106(2) provides that other Treaty rules may be disapplied in order to sustain a Service of General Economic Interest (SGEI). The rhetorical presentation of Article 106(2) is as a strict exception. As a result, Article 106(2) is often presented as a threat to Europe's public service tradition. This book challenges those shibboleths by using the concept of government failure. It is concerned with instances of government intervention that are unnecessary, generate avoidable inefficiencies, or that can be bettered so as to realise general interest goals more efficaciously. As an element of the government failure critique, a market feasibility test incorporating the concept of market failure is used to expose laxity in the review of general interests under Article 106(2). Complementing that, the process of disapplying other Treaty rules under Article 106(2) is shown to have evolved from being strict to being highly indulgent of SGEI providers, with a relatively recent but only partial correction post Altmark. Overall, the strict exception label for Article 106(2) does not hold. Moreover, it is contingent and presents no legitimate general interest related threat to the organisation and delivery of public services. A comprehensive re-orientation of Article 106(2) on issues of proof is required, as is greater reliance on market counterfactuals, and much more careful separation of objectives and means in SGEI operation and design. Through these measures, the toleration of government failure can be stemmed and Article 106(2)'s contingency reduced.

Download or read book State Aid and the European Economic Constitution written by Francesco de Cecco and published by Bloomsbury Publishing. This book was released on 2012-12-14 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen the rise of EU State aid law as a crucial component of the European economic constitution. To date, however, the literature has neglected the contribution of this area of EU law to the internal market. This book seeks to fill this gap in our understanding of the economic constitution by exploring the significance of State aid law in addressing questions that go to the core of the internal market project. It does so by examining the case law relating to three different activities that Member States engage in: market participation, market regulation, and funding for Services of General Economic Interest. Each of these areas offers insights into fundamental questions surrounding the economic constitution, such as the separation between the State and the market, the scope for Member States to engage in regulatory competition, and the tension between market and nonmarket concerns.

Download or read book Sixty Years of EU State Aid Law and Policy written by Eugene Stuart and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: If an EU industrial policy can be said to exist, its contours may be found in the complex and evolving concept of State aid. Because approaching any State aid issue can be fraught with multiple and sometimes conflicting interpretations, an in-depth analysis of the rationales, initiatives, and regulations that constitute the State aid system is much needed. In response to this need, this book provides a fine-grained clarifying context through which recent reforms, policy shifts, and judicial decisions concerning State aid can be understood and applied to specific situations. Focusing on the impacts of landmark cases and policy developments leading up to a deeply informed critique of the current State Aid Modernisation Programme, the authors cover such issues and topics as the following: – linkages to other established and evolving EU common policies and common strategies; – effect of EU State aid rules in the expanding geopolitical regions of EU influence; – interaction with the WTO Subsidies and Countervailing Measures Agreement; – the problem of a ‘subsidies culture’; – how the European Commission’s notion of ‘bad’ State aid has evolved; – effect of EU policy imperatives (e.g., environmental goals) which implicitly argue for increased subsidisation; – nexus with EU tax harmonisation; – competition among undertakings versus competition among Member State policies; and – nature of the quasi-devolution of regulatory responsibilities to EU Member States. This book is a crucially important source of both theoretical enlightenment and practical wisdom that will greatly enhance confident progress through any legal matter involving EU State aid rules. It will prove of immeasurable value to practitioners, in-house counsel, policymakers, and academics for many years to come.

Download or read book Public Private Partnerships in the European Union written by Christopher Bovis and published by Routledge. This book was released on 2013-09-11 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a one-stop shop, multi-disciplinary approach to public procurement, Public Private Partnerships in the European Union offers its readers a practical description and analysis of the relevant policies, law and jurisprudence and explores possible future trends in public procurement regulation.

Download or read book The EuroAtlantic Union Review written by Velo Dario and published by Cacucci Editore S.a.s.. This book was released on 2014-07-01 with total page 111 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Review will focus on the strengthening of the European integration and, at the same time, on the start of the Atlantic integration, two processes that are expected to develop interdependently in the next decades.

Download or read book Competition Law and Policy in the EC and UK written by Barry Rodger and published by Routledge. This book was released on 2008-10-03 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition law, at both the EC and UK levels, plays an important and ever-increasing role in regulating the conduct of businesses. Based on the premise that open and fair competition is good for both consumers and businesses, competition law prevents businesses from entering into anti-competitive agreements and from abusing their dominant market position. Competition Law and Policy in the EC and UK looks at how competition law affects business, including: co-ordinated actions; pricing behaviour; take-overs and mergers; and state subsidies. It provides a clear guide to and outline of the general policies behind, and the main provisions of EC and UK competition law. Information is presented within a structured framework, complete with a glossary of useful terminology. This fourth edition has been revised and updated to take into account developments since publication of the previous edition, including expanded coverage of the regulation of cartels, the development of private enforcement, the consideration of IP issues in Microsoft, and extended discussion of UK competition Law.

Download or read book European Competition Law Annual 1999 written by Claus-Dieter Ehlermann and published by Hart Publishing. This book was released on 2001-06-12 with total page 727 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book leading experts focus on contentious and challenging aspects of EU State Aid policy.

Download or read book Public Services in EU Law written by Wolf Sauter and published by Cambridge University Press. This book was released on 2014-11-27 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive analysis showing that utilities and welfare services are important building blocks for the EU social market economy.