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 490 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 EU State Aid Control written by Philipp Werner and published by Kluwer Law International. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book EU State Aid Rules on Infrastructure written by Andreas Bartosch and published by . This book was released on 2013 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State Aid Law of the European Union written by Herwig Hofmann and published by Oxford University Press. This book was released on 2016 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules controlling State aid and subsidies on the EU and the WTO level touch nearly every aspect of national law. Written by a team of experts from the judiciary, practice, academia, and officials, this book provides a thorough and analytic approach to this vital area of law.
Download or read book EU State Aid Law written by Pier Luigi Parcu and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent State Aid Modernization has decentralized the enforcement of State aid law. In particular, under the General Block Exemption Regulation a number of aid schemes do not require the preventive “check” by the European Commission, while national courts play a growing role in private enforcement of State aid law. This insightful book analyzes the enforcement of State aid law in the aftermath of the State Aid Modernization, identifying a number of emerging trends at the national and EU level.
Download or read book The Modernisation of State Aid for Economic and Social Development written by Bruno Nascimbene and published by Springer. This book was released on 2018-11-28 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book European Union Law of State Aid written by Kelyn Bacon and published by Oxford University Press. This book was released on 2017 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive practitioner guide to the EU law of State aid, covering all relevant legislation, case law, and the dominant themes shaping EU State aid policy. It discusses the concept of State aid and its development in the European Union, as well as practical aspects such as procedures for notification to the European Commission, and enforcement in the European Court and national courts. It offers extensive coverage of specific sectors, including transport and shipbuilding, media and communications, energy and environmental protection, culture and heritage, and agriculture. The third edition is fully updated to cover the extensive legislative changes in this area, including the new General Block Exemption Regulation and De Minimis Regulation, horizontal aid guidelines, and sectoral guidelines for aviation, cinemas, agriculture, and fisheries; as well as State aid cases in the national courts, particularly the UK, and recent European Court jurisprudence. Accessible to competition lawyers and non-specialists, the book's clarity and concision make it an invaluable reference to this area 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 European Union Law of State Aid written by Kelyn Bacon QC and published by Oxford University Press. This book was released on 2017-01-19 with total page 911 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive practitioner guide to the EU law of State aid, covering all relevant legislation, case law, and the dominant themes shaping EU State aid policy. It discusses the concept of State aid and its development in the European Union, as well as practical aspects such as procedures for notification to the European Commission, and enforcement in the European Court and national courts. It offers extensive coverage of specific sectors, including transport and shipbuilding, media and communications, energy and environmental protection, culture and heritage, and agriculture. The third edition is fully updated to cover the extensive legislative changes in this area, including the new General Block Exemption Regulation and De Minimis Regulation, horizontal aid guidelines, and sectoral guidelines for aviation, cinemas, agriculture, and fisheries; as well as State aid cases in the national courts, particularly the UK, and recent European Court jurisprudence. Accessible to competition lawyers and non-specialists, the book's clarity and concision make it an invaluable reference to this area of law.
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 State aid for broadband infrastructure in Europe written by Richard Feasey and published by Centre on Regulation in Europe asbl (CERRE). This book was released on 2018-11-21 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: This original CERRE report reveals that the current level of public funds to support broadband deployment in Europe is insufficient compared against the ambitious targets for fibre to the home (FTTH). The report also suggests that the use of this funding is poorly co-ordinated, insufficiently monitored, and subject to rules which need to be simplified and updated. It is the first study of its kind: the authors have undertaken a systematic analysis of all of the 157 broadband measures notified to the European Commission by Member States over the past 15 years. Based on this research, the authors have identified critical issues and provided recommendations on how to better support the deployment of broadband infrastructure in Europe. The authors estimate that public funding from all sources to support broadband deployment in the period to 2020 amounts to around €7 billion per year. At this rate it will take Europe nearly 30 years to meet its FTTH targets. They also find wide variations in public funding for broadband between Member States: in the period 2003-18 France spent around €215 per capita and Italy €145, whilst the majority of Member States spent less than €100 per capita and some less than €10. “We found that broadband infrastructure receives less than 5% of available European funds, despite being a strategic priority for Europe and for the Juncker Commission”, said CERRE Research Fellow Richard Feasey. “Current public funding is insufficient if Europe is to achieve its Gigabit Society targets. It is equally important that whatever public funds are allocated, they are also used efficiently”. The authors provide recommendations for EU and national policy makers, including: 1. Mobilise grassroots interests in public funding of broadband with an EU-wide competition for funds. 2. Improve coordination between the European Investment Bank and the European Commission’s DG Competition to ensure that in each case the appropriate public funding instrument is used. 3. Increase the share of European funds allocated to broadband. 4. Revise the existing ‘Broadband State Aid Guidelines’ now to clarify elements such as: - when and how public funds can be used if commercial operators have no plans to deploy Very High Capacity infrastructure; - require that State Aid can only be used once adoption rates for a new technology have achieved certain thresholds in areas where it has already been deployed by the private sector; - consider allowing higher prices for broadband services provided by publicly funded networks in order to reduce the cost to the taxpayer and increase the coverage that can be obtained; - explain how the universal service provisions of the new EU Electronic Communications Code will ensure that all users can benefit from affordable access to publicly funded broadband networks; - simplify the regime so that measures to protect competition align with those that already apply to commercially-funded networks under the Significant Market Power regime and ensure enforcement. 5. Require Member States to provide more data to enable the evaluation of the effectiveness of State Aid measures. ‘Effectiveness’ should be measured by whether public funds achieve the goal of extending broadband services to the greatest number for the lowest cost to the taxpayer, and not simply in terms of competition or the time taken to approve the project. “If broadband infrastructure deployment is a priority for the EU, we think that the Commission should also explore how to formalise its Digital Agenda and Gigabit Society targets, to give Member States stronger incentives to meet those targets”, conclude the authors. Some facts and figures - Europe spends less than 5% of its budget on broadband - 65% of public funding for broadband comes from Member States - Estimated public funding from all sources allocated to broadband deployment in the EU in the period to 2020 amounts to around €7 billion per year - It will take Europe 29 years to complete FTTH deployment at current rates - Total expenditure by EU Members States for State Aid varies significantly - In the period 2003-18, the majority of Member States spent less than €100 per capita and some less than €10 - France spent around €215 per capita, Italy €145, and Germany €87 - Belgium, Luxembourg and Malta have achieved a relatively extensive and high capacity broadband deployment without relying on any form of State Aid whatsoever - There is a very large variation in the use of sources of funding by Member States
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 State Aid and the Energy Sector written by Leigh Hancher and published by Bloomsbury Publishing. This book was released on 2018-02-22 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new work offers a comprehensive and compelling account of State aid law and policy and its application to the energy sector. Clearly structured and offering meticulous detail and robust analysis, it is required reading for all practitioners in the field. The volume explores general questions from the definition of State aid to its application in Member States by national courts. It also examines questions of procedure, questions of compatibility, and State aid and the EEA. It is an invaluable tool for lawyers, policymakers and tax professionals specialising in State aid law and energy law, written by a team of leading practitioners and academics in the field.
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 480 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 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 guidelines for environmental protection and energy EEAG written by Catherine Banet and published by Centre on Regulation in Europe asbl (CERRE). This book was released on 2020-09-22 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Interplay Between Objectives of the European Union s Energy Policy written by Natalia Fiedziuk and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investments in energy infrastructure are one of the key energy policy priorities of the European Union. However, due to inherent high costs, these investments cannot be made without the Member States' support, notably in the form of State aid. This implies notifying the State aid to the European Commission for a prior assessment. Yet, the approach of the European Commission to such State aid has significantly changed over the past years: the introduction of a more refined economic approach to State aid analysis and the gradual withdrawal of State from infrastructure funding have modified the traditional approach that virtually ignored the question of State aid to infrastructure. Moreover, the assessment of energy infrastructural projects depends greatly on how Member States use State aid to balance different energy policy objectives, such as competitiveness, environmental protection, and security of supply. This paper endeavors to elucidate the interplay between these energy policy objectives involved in State funding of energy infrastructure, and in particular how they influence the final decision making.
