Droit Des Aides Detat Dans La Ce

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Droit Des Aides D'etat Dans la CE

Author : Francisco Santaolalla Gadea
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127747
Total Pages : 510 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Droit Des Aides D'etat Dans la CE by : Francisco Santaolalla Gadea

Download or read book Droit Des Aides D'etat Dans la CE written by Francisco Santaolalla Gadea and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 'insider' 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 years' 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:A {exports;A {private investment;A {role of economic analysis;A {ecotaxes;A {privatization;A {remedies;A {existing aid;A {third parties;A {actions against State aid decisions;A {national court decisions;A {fiscal discipline; andA {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

Guide des aides d'état en droit communautaire

Author : Jean-Paul Keppenne
Publisher : Emile Bruylant
ISBN 13 : 9782802712305
Total Pages : 693 pages
Book Rating : 4.7/5 (123 download)

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Book Synopsis Guide des aides d'état en droit communautaire by : Jean-Paul Keppenne

Download or read book Guide des aides d'état en droit communautaire written by Jean-Paul Keppenne and published by Emile Bruylant. This book was released on 1999 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parmi les divers domaines du droit communautaire, la matière relative au contrôle des aides d'Etat représente incontestablement un de ceux qui ont connu les développements les plus importants au cours des dernières années. L'accès à cette branche a cependant été longtemps freiné tant par l'opacité de la réglementation et de la pratique suivie par la Commission que par l'absence d'ouvrage de référence. Pour les décideurs publics et leurs administrations en dialogue avec la Commission, pour les entreprises soucieuses de la pérennité de leurs financements publics, pour les avocats confrontés à une augmentation du contentieux tant devant le juge communautaire que devant le juge national, mais aussi pour les représentants du monde académique à la recherche d'une information fiable, un instrument clair, complet et à jour dans ce domaine constitue donc une nécessité vitale. Fidèle à l'esprit de la collection Pratique du droit communautaire, le présent ouvrage vient combler cette attente en fournissant une présentation à la fois pédagogique et exhaustive des règles régissant le contrôle des aides d'Etat en droit communautaire. Outre une présentation des grands principes de base, il aiguille le lecteur vers la réglementation la plus récente, en ce compris le nouveau règlement de procédure du Conseil du 22 mars 1999. Il récapitule également les enseignements de la jurisprudence de la Cour de justice et du Tribunal de première instance. Enfin, le lecteur y trouvera une présentation inédite et complète de la pratique suivie par la Commission dans la procédure administrative, tandis que les nombreuses annexes de l'ouvrage lui permettront de trouver sans peine réponse à toutes les questions auxquelles il est confronté.

EU Competition and State Aid Rules

Author : Vesna Tomljenović
Publisher : Springer
ISBN 13 : 3662479621
Total Pages : 313 pages
Book Rating : 4.6/5 (624 download)

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Book Synopsis EU Competition and State Aid Rules by : Vesna Tomljenović

Download or read book EU Competition and State Aid Rules written by Vesna Tomljenović and published by Springer. This book was released on 2017-12-28 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book scrutinizes legislative novelties and case law in the area of EU competition and state aid rules, focusing on the interaction between public and private enforcement of those rules. It is intended for scholars, stakeholders and anyone involved in the process of law enforcement – judges, attorneys at law, corporate lawyers and market participants. The book features contributions by prominent competition law scholars offering an academic analysis of the topics covered, and by several EU General Court judges, including its President, Mr. Marc Jaeger, providing first-hand information on the application of the EU competition rules in the General Court.

The Role of Competitors in the Enforcement of State Aid Law

Author : Fernando Pastor-Merchante
Publisher : Bloomsbury Publishing
ISBN 13 : 1509906584
Total Pages : 232 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Role of Competitors in the Enforcement of State Aid Law by : Fernando Pastor-Merchante

Download or read book The Role of Competitors in the Enforcement of State Aid Law written by Fernando Pastor-Merchante and published by Bloomsbury Publishing. This book was released on 2017-04-20 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the tools that the European rules on State aid place in the hands of competitors when it comes to fighting subsidies and other state measures of financial assistance to firms. In order to do so, the book scrutinises the means of redress available to competitors before national courts (private enforcement), as well as the opportunities that they have to make their voice heard in the course of the European Commission's enforcement procedures (public enforcement). The insights provided by the book lead to a better understanding of the rights of private parties under the rules and practices that govern the enforcement of State aid law.

Research Handbook on European State Aid Law

Author : E. Szyszczak
Publisher : Edward Elgar Publishing
ISBN 13 : 0857936425
Total Pages : 457 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Research Handbook on European State Aid Law by : E. Szyszczak

Download or read book Research Handbook on European State Aid Law written by E. Szyszczak and published by Edward Elgar Publishing. This book was released on 2011-11-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔErika Szyszczak and the team have come up trumps with a modern comment on state aid and policy. Thank you!Õ Ð Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine ÔThis fine collection of essays demonstrates in a very articulate way why EU State aid law has taken the centre stage of EU law. In eighteen chapters the reader is provided with a fascinating snapshot of the main issues and developments of the law. The key elements of the EU policy are analysed in a critical way often leading to new insights. In addition the book contains a wealth of material greatly facilitating further research.Õ Ð Piet Jan Slot, University of Leiden, The Netherlands ÔEuropean state aid law needs more self-questioning and more intellectual debate. In my view, this Research Handbook is a very valuable contribution to this necessary process. It correctly identifies the most intellectually problematic issues within state aid law and asks the right questions. This may be due to the balance in the excellent selection of contributors, coming both from the academia and from practice. This guarantees, on the one hand, that the questions are relevant in practice and not purely theoretical but also provides, on the other hand, for a rigorous analytical approach when confronting the issues. The result is a fresh and interesting new look to many of the basic issues of state aid law.Õ Ð JosŽ Luis Buendia Sierra, Garrigues, Brussels, Belgium, and KingÕs College London, UK ÔThis Research Handbook provides an in-depth exploration of some of the most difficult and controversial issues in current State aid law and policy. It is unusual in providing not only a legal but also an economic and political science perspective on this rapidly developing area of EU law. The Handbook will be a welcome addition to the shelves of State aid practitioners and academics alike.Õ Ð Kelyn Bacon, Brick Court Chambers, London, UK This timely new Handbook reflects on current issues that confront State aid law and policy in the EU. State aid was a neglected area of competition law until attempts to modernise it became central to the Lisbon process 2000 where the aim was to encourage ÔintelligentÕ State aid by reducing aid to specific sectors and by making better use of aid for horizontal projects central to EU integration concerns. This policy framework has underpinned the new approach to State aid policy in the EU in recent years and informs many of the chapters in this book. Contributions from leading academics, regulators and practising lawyers, discuss topics devoted to modernisation, problems faced by recent enlargements of the EU, the role of State aid in the fiscal crisis and recession, the role of the private market investor test, regional aid, environmental aid and the review of the Altmark ruling. Perspectives on State aid law and policy from the disciplines of economics and political science are also explored in detail. Research Handbook on European State Aid Law will appeal to academics, regulators, national and EU government officials, practitioners and postgraduate students who are involved in State aid law.

Private Enforcement of European Competition and State Aid Law

Author : Ferdinand Wollenschläger
Publisher : Kluwer Law International B.V.
ISBN 13 : 940350210X
Total Pages : 421 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Private Enforcement of European Competition and State Aid Law by : Ferdinand Wollenschläger

Download or read book Private Enforcement of European Competition and State Aid Law written by Ferdinand Wollenschläger and published by Kluwer Law International B.V.. This book was released on 2020-01-09 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement of European Competition and State Aid Law Current Challenges and the Way Forward Edited by: Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields. The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In country reports for these major jurisdictions, as well as in more general and comparative chapters, the authors focus on such issues as the following: impediments to private enforcement; which entity is liable for damages; binding effect of decisions of competition authorities; limitation of actions; collective actions and pooling of claims; enforcement of the standstill obligation (Article 108(3) TFEU); remedies and information deficits; cooperation and coordination between national courts and the European Commission; transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States; extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and prospects for harmonisation of State aid law. A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework. As an in-depth assessment of key obstacles and best practices in private enforcement actions, this highly informative and practical volume facilitates choice of the best forum for competition and State aid law cases. Academics and practitioners engaged with this important area of European law will appreciate the authors’ awareness of the economic need and legal particularities which could generate an effective European system of private enforcement of legitimate claims under EU competition and State aid law.

The Concept of State Aid Under EU Law

Author : Juan Jorge Piernas López
Publisher : OUP Oxford
ISBN 13 : 0191065595
Total Pages : 304 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Concept of State Aid Under EU Law by : Juan Jorge Piernas López

Download or read book The Concept of State Aid Under EU Law written by Juan Jorge Piernas López and published by OUP Oxford. This book was released on 2015-08-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has the evolution and transformation of the Common Market affected the legal concept of State aid? How has State aid adapted to the development of the European Union? These questions and more are answered in Juan Jorge Piernas López's examination of the historical, political, constitutional, and economical events that have affected the development of State aid in the EU. Examining three key, interwoven arguments, this book provides a richer understanding of current formulas which depict the concept of aid through the prism of policy and enforcement considerations. First, the book demonstrates that the concept of aid is a 'living instrument' that has been applied in accordance with the main policy priorities of the European Commission. Second, contrary to what has been affirmed in other literature, the evolution of this concept has been influenced by the broader advancement of the case law of the Court of Justice in different periods of the integration process. Third, the author contends that the study of the evolution of the concept of aid in light of policy and case law provides a holistic outlook valuable to the decision making process of difficult cases. In this regard, the book provides criteria to interpret and discuss cases including Sloman Neptun, Philip Morris, and Azores, beyond the analysis traditionally adopted in this field.

Research Handbook on European State Aid Law

Author : Leigh Hancher
Publisher : Edward Elgar Publishing
ISBN 13 : 1789909252
Total Pages : 384 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Research Handbook on European State Aid Law by : Leigh Hancher

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.

State Aid and Tax Law

Author : Alexander Rust
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041146253
Total Pages : 232 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis State Aid and Tax Law by : Alexander Rust

Download or read book State Aid and Tax Law written by Alexander Rust and published by Kluwer Law International B.V.. This book was released on 2012-12-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides clear guidance on what constitutes State Aid in the area of tax law. It clearly explains the situations in which beneficial tax provisions for the taxpayer – e.g., lower tax rates for certain industries or for certain economic zones, advantageous depreciation rules, or exemptions – can be declared void by the European Commission. The difficult controlling concept of ‘selectivity’ of an aid is dealt with extensively. Drawing on familiarity with the practice of the Commission, as well as the jurisprudence of the General Court and of the Court of Justice, thirteen knowledgeable contributors present valuable arguments in case the Commission requires the repayment of advantages received. Among the topics and issues covered are the following: how unregulated tax incentive competition between States leads to a ‘win’ by one State and a ‘loss’ by another; the legal uncertainty attached to the Commission’s decision following notification of a proposed tax incentive; the role of the Commission’s Code of Conduct; calculating the amount of recovery of illegal State Aid; application of State Aid rules in the area of indirect taxation (e.g., VAT and excise duties); investment fund regimes; subnational regional aid; ‘patent box’ regimes; foreign source income; and taxpayers’ exclusion from infringement proceedings and subsequent appeals. Complete with case studies and analyses of the latest case law on selectivity, this invaluable resource will be welcomed by practitioners who, although they may be well-versed in tax law, are sure to benefit greatly from the authors’ expert guidance on State Aid provisions and the rules on harmful tax competition.

EU State Aid Control of Infrastructure Funding

Author : Corinne Ruechardt
Publisher : Kluwer Law International B.V.
ISBN 13 : 904119116X
Total Pages : 490 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis EU State Aid Control of Infrastructure Funding by : Corinne Ruechardt

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.

The Concept of State Aid Under EU Law

Author : Juan Jorge Piernas López
Publisher : OUP Oxford
ISBN 13 : 0191065587
Total Pages : 304 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Concept of State Aid Under EU Law by : Juan Jorge Piernas López

State Aid and the Energy Sector

Author : Leigh Hancher
Publisher : Bloomsbury Publishing
ISBN 13 : 150991367X
Total Pages : 640 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis State Aid and the Energy Sector by : Leigh Hancher

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 640 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.

Selectivity in State Aid Law and the Methods for the Allocation of the Corporate Tax Base

Author : Jérôme Monsenego
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041194142
Total Pages : 274 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Selectivity in State Aid Law and the Methods for the Allocation of the Corporate Tax Base by : Jérôme Monsenego

Download or read book Selectivity in State Aid Law and the Methods for the Allocation of the Corporate Tax Base written by Jérôme Monsenego and published by Kluwer Law International B.V.. This book was released on 2018-06-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: High profile cases before the European Commission and the EU courts have intensified scrutiny of the link between State aid law and the taxation of multinational enterprises. Certain decisions have raised questions about fiscal sovereignty and the interpretation of the rules on State aid – in particular the notion of selectivity, which have not been addressed in detail by existing research. The combination of the evolution of the notion of selectivity in State aid law, on the one hand, and the need to adapt the rules for the taxation of the profits of multinational enterprises to the modern economy, on the other hand, makes it necessary to assess whether existing as well as alternative rules for the allocation of the corporate tax base might entail a selective treatment. This book responds to the need of research in the area of State aid law applied to the taxation of the income of multinational enterprises, focusing on the crucial concept of selectivity. The analysis proceeds with a detailed investigation of the theoretical issues that arise when applying the selectivity test in State aid law to three methods for the allocation of the corporate tax base between the members of multinational enterprises: – the arm’s length principle; – transfer pricing safe harbours; and – systems of formula apportionment. This research project is conducted at a theoretical level, without considering national provisions or particular tax treaties. The author suggests an analytical framework on the application of the selectivity test to the three allocation methods. It is concluded that these methods are likely to have certain selective features, with varying possibilities to be justified by the inner logic of a corporate income tax system. It is also demonstrated that selectivity occurs for different reasons, due to the different rationales of the three allocation methods. This book is intended at contributing to the academic literature on the impact of State aid law on the principles for the taxation of the income of multinational enterprises. The outcome of this research project is also relevant for lawmakers who need to reconcile the imperatives of State aid law with the design of rules that match their tax policies, as well as for judges or lawyers who apply the rules on State aid to tax provisions.

Taxation and Development - A Comparative Study

Author : Karen B. Brown
Publisher : Springer
ISBN 13 : 3319421573
Total Pages : 377 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis Taxation and Development - A Comparative Study by : Karen B. Brown

Download or read book Taxation and Development - A Comparative Study written by Karen B. Brown and published by Springer. This book was released on 2017-01-16 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the tax systems of some twenty countries to determine whether their tax laws are used to support growth and development across borders in lower-income and poor countries. Given the critical economic development needs of poorer countries and the importance of stability in these regions to the security of populations throughout the world, the use of a country’s tax laws to support investment in the developing world gains crucial significance. This book explores whether international standards promoting the fundamental values of the major tax systems of the world accommodate incentives for these nations. In addition, it analyzes the way in which adoption of principles by higher income nations to protect their own revenue bases has a spill-over effect, impairing the ability of developing countries to sustain their economies. Following an introduction that synthesizes worldwide trends, the volume contains separate chapters for a variety of countries detailing the underlying goals and values of each system and the way in which the decision to employ (or not employ) incentives accommodates those ends. The chapters include reports for: Australia, Belgium, Brazil, Croatia, Czech Republic, France, Hong Kong, Israel, Italy, Japan, the Maldives, the Netherlands, Poland, Portugal, South Africa, Uganda, United Kingdom, United States, and Venezuela. The volume memorializes the work of the General Reporter and National Reporters at the Taxation and Development session of the 19th Congress of the International Academy of Comparative Law held in July, 2014, in Vienna, Austria.

Procedural Rules in Tax Law in the Context of European Union and Domestic Law

Author : Michael Lang
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041133763
Total Pages : 754 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Procedural Rules in Tax Law in the Context of European Union and Domestic Law by : Michael Lang

Download or read book Procedural Rules in Tax Law in the Context of European Union and Domestic Law written by Michael Lang and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt: EUCOTAX (European Unviersities Cooperating on TAXes) is a network of tax institutes currently consisting of eleven universities: WU (Vienna University of Economics and Business) in Austria, Katholieke Universiteit Leuven in Belgium, Corvinus University of Budapest, Hungary, Universite Paris-I Pantheon-Sorbonne in France, Universitat Osnabruck in Germany, Libera, Universita Internazionale di Studi Sociali in Rome (and Universita degli Studi di Bologna for the research part), in Italy, Fiscaal Instituut Tilburg at Tilburg University in the Netherlands, Universidad de Barcelona in Spain, Uppsala University in Sweden, Queen Mary and Westfield College at the University of London in the United Kingdom, and Georgetown University in Washington DC, United States of America. This network aims at initiating and coordinating both comparative education in taxation, through the organisation of activities such as winter courses and guest lectures, and comparative research in the field, by means of joint research projects, international conferences and exchange of researchers between various countries. European Union law barely deals with procedural questions even though they are essential for proper implementation of European Union law. The European Court of Justice has developed procedural principles in its rulings which also affect proceedings before national authorities. This is due to the fact that the principle of procedural autonomy of the Member States finds its limits where European Union law might be infringed. Therefore, domestic procedural principles and rules of the EU countries need to be interpreted in the context of European Union law requirements. This timely work seeks to identify the differences between the domestic procedural rules and principles of an array of EU and non-EU countries and analyse them in the context of European Union law requirements. Specific attention is paid to the impact of State aid rules on procedural law in tax matters, on constitutional law requirements as well as tax treaty law issues. Since customs law is already harmonized in the form of the Community Customs Code, it serves as a starting point to examine the extent to which harmonized procedural law is possible. Harmonized procedural law is also discussed in the context of a possible future Common Consolidated Corporate Tax Base as well as an EU tax levied at the European Union level.

L'obligation de renvoi préjudiciel à la Cour de justice

Author : Laurent Coutron
Publisher : Primento
ISBN 13 : 2802746561
Total Pages : 406 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis L'obligation de renvoi préjudiciel à la Cour de justice by : Laurent Coutron

Download or read book L'obligation de renvoi préjudiciel à la Cour de justice written by Laurent Coutron and published by Primento. This book was released on 2014-05-27 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amorcé par l’arrêt Köbler, un mouvement jurisprudentiel récent a conduit la Cour de justice à concevoir divers mécanismes qui permettent aux justiciables de sanctionner, directement ou indirectement, une juridiction nationale qui a méconnu son obligation de renvoi préjudiciel. C’est ainsi que les justiciables pourront solliciter la remise en cause de la chose décidée, voire de la chose jugée ou encore, chercher à engager la responsabilité «judiciaire» de l’État. On pressent pourtant que les solutions, très restrictives, forgées par la Cour de justice sont supplantées par les dispositifs nationaux. Ceux-ci paraissent en effet plus aisés à actionner, voire plus performants, qu’il s’agisse de la violation du droit au juge légal, comme en Allemagne ou en Espagne, ou encore de l’introduction du dispositif législatif suédois. La présentation – sans égal à ce jour – de près de vingt rapports nationaux permettra de mieux apprécier l’effectivité de la protection juridictionnelle dont disposent les justiciables via le renvoi préjudiciel. L’intérêt de cet ouvrage est d’autant plus vif que l’adhésion prochaine de l’Union européenne à la Convention européenne des droits de l’homme se traduira vraisemblablement par une revitalisation des dispositions permettant de sanctionner une violation de l’obligation de renvoi préjudiciel. Cet ouvrage s’adresse principalement aux magistrats et aux avocats, ainsi qu’aux universitaires spécialisés dans l’étude du droit processuel.

EU Competition Law applicable to liner shipping and seaports

Author : Philippe Corruble
Publisher : Bruylant
ISBN 13 : 2802769863
Total Pages : 151 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis EU Competition Law applicable to liner shipping and seaports by : Philippe Corruble

Download or read book EU Competition Law applicable to liner shipping and seaports written by Philippe Corruble and published by Bruylant. This book was released on 2021-03-04 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: In twenty years, the globalization of trade has led to a change in scale that has upset the balance of power between the players in online containerized maritime transport and the logistics chain passing through European seaports. Three global shipping alliances dominate 90% of online containerized maritime transport, while further integrating port activities. Twelve Asian ports, eight of which are Chinese, are now among the top fifteen in the world. At the same time, Chinese interests, supported by public authorities and resources, are taking control of terminals and port companies in Europe, as part of the geopolitical project of the New Silk Roads. This economic and industrial context is emblematic of the challenges facing European competition law, which has so far accompanied rather than controlled these transformations. European competition rules will have to be mobilized in a global context, alongside the new rules on the control of foreign direct investment. This study takes stock of the new regulatory challenges in this sector of prime importance for the Union.