Download or read book The Concept of State Aid Under EU Law written by Juan Jorge Piernas López and published by Oxford University Press, USA. This book was released on 2015 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzing the evolution of the legal concept of State aid in the EU, this book examines the main formulas established by the Court of Justice of the EU since the early 1950s, underpinning the legal boundaries of State aid in relation to the historical, political, economic, and legal evolution of its field of application: the internal market.

Download or read book State Aid Law of the European Union written by Herwig C. H. Hofmann and published by Oxford University Press. This book was released on 2016-07-28 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 EU State Aids written by Leigh Hancher and published by Sweet & Maxwell. This book was released on 2012 with total page 1283 pages. Available in PDF, EPUB and Kindle. Book excerpt: An invaluable resource to all those involved in advising or litigating matters of state aid, from lawmakers to regulators, lawyers, economists and courts. This fully revised 4th edition presents detailed practical guidance to the law and practice in the European Union as it stands today, together with the relevant primary law materials

Download or read book EU State Aid Control of Infrastructure Funding written by Corinne Ruechardt and published by Kluwer Law International B.V.. This book was released on 2018-07-03 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Regional State Aid and Competition Policy written by Fiona Wishlade and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasing importance attached to the economic and social cohesion of the European Union since the 1980s, and the role of competition policy in achieving this objective, has special significance for the control of regional aids, given the general ban on State aid. Regional aids are considered to have the potential to contribute to economic and social cohesion and to undermine its attainment. The notion of competition policy as an instrument of economic and social cohesion has become a standard part of Commission rhetoric in defence of its actions. This book is concerned with the influence of EU competition policy on the regional policies of the Member States. It focuses on how the European Commission has interpreted the derogations from the State aid ban to enable the conduct of regional aid policies. The book takes both a historical perspective, tracing the evolution of policy, and a thematic one, examining in particular the relationship between EU competition and cohesion policies and the treatment of aid to very large projects. The author clearly demonstrates that, in reality, the competition policy control of regional aids is of much longer standing than the community?s explicit regional aid policy and, in many respects, of arguably greater influence. She shows how competition policy has for almost thirty years shaped the design, scope and implementation of national regional aid policies; in no EU country has regional policy been unaffected by Commission intervention in the name of competition policy. Moreover, the policy principles developed for the EU now apply extraterritorially to members of the European Economic Area and to the current applicant countries. The study?s overall perspective is policy-oriented. It considers both the impact of Commission intervention in the past and the implications of policy for the future, especially in the context of enlargement and a wider Europe. It will be an invaluable resource for all policymakers and practitioners active in the fields of economic development, regional policy and State aid law at European, national and subnational levels.

Download or read book Taxation in a Global Digital Economy written by Ina Kerschner and published by Linde Verlag GmbH. This book was released on 2017-10-04 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Time to discuss anti-BEPS measures around digitalization In the course of the BEPS Report on Action 1, it was concluded that there was no instantaneous need for specific rules to address base erosion and profit shifting (BEPS) made possible by the digitalization of enterprises and new digital businesses. At the same time, it was acknowledged that general measures may not suffice with the assessment of results to begin in 2020. While awaiting possible fundamental reforms of the tax framework, it is time to discuss anti-BEPS measures bearing in mind the peculiar features of the digital economy such as increased mobility, no need for physical presence, and dematerialization. The Book focuses on five key areas of interest:International Tax PolicyTax Treaty LawTransfer PricingIndirect Taxation IssuesEU Law“Taxation in a Global Digital Economy” analyses the issues and addresses the five key areas of interest from various viewpoints.

Download or read book Regulation of Subsidies and State Aids in WTO and EC Law written by Gustavo E. Luengo Hernández de Madrid and published by . This book was released on 2007 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preliminary Remarks --Economic Analysis of Subsidies --Evolution of the Regulation of Subsidies in International Trade: From the GATT to the WTO --The Regulation of Subsidies in the Agreement on Subsidies and Countervailing Measures --The Regulation of Subsidies in the Agreement on Agriculture --Subsidies in the WTO: The 'Foreign Sales Corporations' Case --Evolution of the State Aid Rules in the EC --The Notion of 'State Aid': Article 87.1 of the EC Treaty --State Aids Compatible with the Common Market --Procedural Issues: Control of State Aids in the EC and Recovery of State Aids --Agricultural Subsidies in the EC --Comparison of the WTO and EC Rules on Subsidies and State Aids --Conformity of the EC State Aid Rules With the WTO: Suggestions --Final Remarks.

Download or read book Co Ordination in Context written by G.P.E. Walzenbach and published by Routledge. This book was released on 2018-12-12 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1998. This book makes an original contribution to our understanding of policy failures at the European and international level. On the basis of a comparative analysis the study shows how the co-ordination mechanisms available in the European Community and OECD have complicated the regulation of national policies on state aid to exporting industries. This failure can be explained in theoretical terms: international and supranational organisations are not neutral arbiters, but have interests of their own, interests which are not necessarily aligned with those of their member states. In detailed case studies of Britain, France and Germany the book examines how the preference structure of governments in the exercise of their promotion programmes contrasts with the policies enacted by international bureaucracies. Walzenbach’s interdisciplinary approach specifies the conditions under which policy co-ordination can have detrimental effects and thus, usefully corrects the benign view held by most regime theorists about transaction-cost reducing and efficiency enhancing role of such arrangement.

Download or read book State Measures Distorting Free Competition in the EC written by Carl Michael Quitzow and published by Kluwer Law International B.V.. This book was released on 2001-08-15 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study deals with issues of particular importance in the EMU perspective. State measures may occur in the sense that they exclude market access for opt-out state economic operators and preventing them from competing with domestic economic operators, i.e. restrictions on free movement. After the removal of such barriers there might still be state measures that may negatively affect competition within the common market. Such distortions of competition may occur due to differences between national legislation or other forms of state intervention on the market. They affect the prerequisites for the carrying out of economic activities, and may often result in the fact that out-of-state economic operators have to work in a market where a domestic competitor has notable advantages due to support by authorities, legislation or economic support. This may threaten the efficiency and proper functioning of the EMU. The remaining question is how such distortions can be dealt with. Which distortions are to be regarded as serious threats against the market integration and must be removed? Which priorities have to be made? The study aims at giving possible solutions to the above-mentioned issues, thus contributing to a field which as yet has only been examined by legal scholars to a minor extent.

Download or read book The Definition of Subsidy and State Aid written by Luca Rubini and published by OUP Oxford. This book was released on 2009-12-24 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a conceptual framework for analysing the definitions of State aid and subsidy in EC and WTO law. This is done through a comparative analysis, examining the coherence of the conceptual understanding of the crucial, but still elusive, issue of the definition of subsidy. The first, important finding is that the topic is not only technical but raises more fundamental questions about the objectives of subsidy control in a given legal system and, more radically, about the goals of that system itself. The analysis does not only concentrate on the state of the law but critically looks forward offering suggestions for new interpretations and law reform. The book focuses on the substantive provisions of the EC and WTO relating to what are identified by the author as the core properties of a notion of subsidy, ie a form of public action, the grant of an economic advantage and the ensuing impact on the competitive process. The current regulation in EC and WTO law is analysed, compared and assessed in depth, and tested against a baseline represented by of a notion of subsidy inserted in a subsidy regulation pursuing certain objectives. Drawing on the results of the comparative exercise, the book argues that both systems can learn valuable lessons from each other to achieve a greater coherence and a more efficient regulatory system.

Download or read book Restitution and European Community Law written by Alison Jones and published by Taylor & Francis. This book was released on 2020-11-25 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growth in prominence of the law of restitution and European Community law has resulted in the creation of a body of case law, which is contained within this work. This book examines the Community rules that affect restitutionary claims commenced in the English courts. This book considers the affect that EC rules may have on the development of specific areas of the English law of restitution, it sets out the circumstances in which the development of English rules governing restitutionary claims might be affected by the requirements of Community law, and examines in detail the Community rules which affect restitutionary claims commenced before the national courts and attempts to rationalise and to explain them within the framework of the principle of unjust enrichment. It is essential reading for practitioners as well as academics and postgraduate students.

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 Research Handbook on European State Aid Law written by Leigh Hancher and published by Edward Elgar Publishing. This book was released on 2021-01-29 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised and updated Research Handbook on European State Aid Law brings together established academics and practitioners to provide a wide-ranging coverage of the field. Incorporating political science, economics and the law in its analysis, it provides a strong overview of the salient issues in State aid law and policy.

Download or read book The Regulation of the State in Competitive Markets in the EU written by Erika Szyszczak and published by Bloomsbury Publishing. This book was released on 2007-08-31 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the changing role and nature of the regulation of State intervention in the liberalised and privatised markets of the European Union. It examines how the traditional role of the State is now challenged by European Union law, and the implications for traditional public services provided by the State. For the first time in an academic work, the book brings together the interaction of the Internal Market and the Competition rules of the European Union when they are applied to State economic activity. Individual chapters examine specific rules which address squarely the permissible role of State activity in competitive markets, for example an examination of the State aid rules, the rules in Article 86 EC regulating State monopolies and the controversial application of Articles 81 and 82 EC to the State. Other chapters examine the processes of privatisation and liberalisation with case studies on the postal sector, utilities and telecommunications.

Download or read book International and European Trade and Environmental Law After the Uruguay Round written by Ernst-Ulrich Petersmann and published by BRILL. This book was released on 2024-01-22 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the resort to trade restrictions for purposes of environmental policy has given rise to an increasing number of international dispute settlement proceedings, both on the world-wide level in the context of the General Agreement on Tariffs and Trade and the newly established World Trade Organisation, and on the regional level in the European Community and among the member countries of the North American Free Trade Agreement. The present work discusses the evolution of trade law in the global and regional context and analyzes and compares the different world-wide and regional approaches to the various interface problems of trade and environmental policies. The book includes in an annex a selection of the most important provisions, reports and court cases.

Download or read book Competitiveness and American Society written by Steven L. Goldman and published by Lehigh University Press. This book was released on 1993 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The claim that U.S. industry is in a crisis - that it stands at a turning point in its competitiveness with foreign rivals - seems on the face of it an objective description of the prevailing state of affairs. But what does "competitiveness" mean when it is used to describe an entire industry, an economy, a nation? What is the relationship between industrial competitiveness and the personal and social value placed on competition? What are the social roots of competition that have made it an enduring American value? How does the current competitiveness debate serve special interests seeking to preserve or extend their social power? The essays presented in Competitiveness and American Society, all written especially for this volume, address these and related questions. The answers they offer reveal the political character of the competitiveness debate, as well as the complexity and ambiguity of the value judgments with which competitiveness issues are entangled." "The perspectives taken by the authors range from the austerely economic, through the political and managerial, to the richly sociological. The opening essay rejects the possibility, let alone the factuality, of a national competitiveness crisis; the closing essay explicitly identifies the root causes of the crisis as national. Other essays look to relationships among culture, society, and industry in the U.S. and Japan as factors shaping America's competitiveness crisis, and the Western European response to that crisis. One essay explores mechanisms that would allow the public to play a constructive role in managerial decision-making; another explores the complications that have followed from mandating the management of resources in accordance with social values." "The common denominator of all of the essays is an engagement with the role that social value judgments play in determining the competitiveness of individual firms. For some, this role is broad and definitive; for others, it is narrowly circumscribed. Taken together, the essays in Competitiveness and American Society establish the need for wider participation in the debate over the competitiveness of U.S. industry than has been held so far. What is needed is a debate that addresses the quality of American life and the health of the industrial sector of the economy, a debate that opens for public deliberation the changes in personal and social values and institutions that will be required to shape that interdependence."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved