European State Aid Law

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EU State Aid Control

Author : Philipp Werner
Publisher : Kluwer Law International
ISBN 13 : 9789041151476
Total Pages : 0 pages
Book Rating : 4.1/5 (514 download)

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Book Synopsis EU State Aid Control by : Philipp Werner

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.

State Aid Law of the European Union

Author : Herwig Hofmann
Publisher : Oxford University Press
ISBN 13 : 0198727461
Total Pages : 657 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis State Aid Law of the European Union by : Herwig Hofmann

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: 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 practicing 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 Modernization 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 defense instruments, including WTO subsidy law and EU anti-subsidy law.

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.

European Union Law of State Aid

Author : Kelyn Bacon
Publisher : Oxford University Press
ISBN 13 : 0198787367
Total Pages : 705 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis European Union Law of State Aid by : Kelyn Bacon

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: Introduction to State aid law and policy -- The definition of state aid -- Compatibility of aid : general principles -- International agreements -- The general block exemption regulation -- Regional aid -- SME and risk finance aid -- Research, development and innovation -- Training and employment aid -- Energy and environmental protection -- Disaster aid -- Transport -- Media and communications -- Culture, Heritage, sport and local infrastructure -- Rescue and restructuring aid -- Financial services -- Agriculture and fisheries -- Supervision by the commission -- Enforcement in the European court -- Enforcement in the National courts

EU State Aid Law

Author : Pier Luigi Parcu
Publisher : Edward Elgar Publishing
ISBN 13 : 1788975251
Total Pages : 264 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis EU State Aid Law by : Pier Luigi Parcu

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.

The Market Economy Investor Test in EU State Aid Law: Applicability and Application

Author : Małgorzata Cyndecka
Publisher : Kluwer Law International B.V.
ISBN 13 : 904118340X
Total Pages : 386 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Market Economy Investor Test in EU State Aid Law: Applicability and Application by : Małgorzata Cyndecka

Download or read book The Market Economy Investor Test in EU State Aid Law: Applicability and Application written by Małgorzata Cyndecka and published by Kluwer Law International B.V.. This book was released on 2016-05-05 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: For upwards of thirty years EU and EFTA courts have been using a test for applying the Market Economy Investor Principle (MEIP) 10 determine whether a state intervention amounts 10 granting of an economic advantage 10 a recipient undertaking. If the stale wishes 10 set as a commercial operator, it must comply with the MEIP. Unsurprisingly, the test remains a difficult and controversial legal instrument, and its very existence and credibility have been questioned. This book unravels the nation of the MEIP, analysing its applicability in order 10 clarify doubts and misinterpretations. Such an understanding is crucial because of the negative consequences of the test's misapplication, and also because the ongoing process of opening markets for more competition blurs the distinction between the public and private sectors. The analysis addresses such questions as the following; - What characterizes a 'prudent' investor? - When is it justified to consider a given public investor 'rational' or 'reasonable'? - How should too 'economic' or 'commercial soundness' of state interventions be understood? - What rate of return is required under the MEIP and how is it calculated? - When should the profitability analysis be undertaken and why? The author examines both the theory behind too principle and its practical application, with detailed attention to case law and the Commission's guidelines explaining the test's mechanism. Soo considers the various critiques of the test and concludes with proposals for change. Practitioners, policymakers, and academics will appreciate the great clarification offered of too MEIP - the character of an economic advantage under the MEIP and in aid scenarios, how to determine whether the MEIP is applicable 10 a given state measure, and how 10 apply the test according 10 its various subtypes and to atypical or complex interventions. They will find that too book's systematic analysis goes a long way to ensuring a credible and reliable assessment of the applicability of state aid under Article 107(1) TFEU.

European State Aid Law and Policy

Author : Conor Quigley
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317987
Total Pages : 623 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis European State Aid Law and Policy by : Conor Quigley

Download or read book European State Aid Law and Policy written by Conor Quigley and published by Bloomsbury Publishing. This book was released on 2009-05-13 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of Conor Quigley's book (originally 'EC State Aid Law and Policy'), offers the most comprehensive and detailed examination of this fast developing field of Community law. The book is designed to provide practitioners and Commission officials with a definitive statement of the law and practice across the many sectors where issues of State aid come into play. At the same time, placing State aid law and policy in its commercial and industrial context, the book fully explores the concept of State aid and its function as a tool of Community law and economic development. All of this is achieved by means of the most thorough available examination of the jurisprudence of the European Courts and the decisions of the Commission in declaring certain aid compatible with the common market. The Commission's supervisory powers as well as the means of enforcing State aid law in the courts are also fully explained. From reviews of the earlier work: 'The chapters summarize and synthesize a large and complex body of case-law readably, clearly, interestingly, thoroughly and concisely...practical and comprehensive in approach...The book is well produced and very good value. The book satisfactorily passed the key test: it told us what we needed to know in certain current State aid cases more clearly than in other books consulted.' Asger Petersen, J Temple Lang, Common Market Law Review 'The practitioner will find the chapters dealing with particular types of state aid extremely helpful. The book has an excellent index that makes any legal textbook much more user friendly, particularly to someone who is not an expert in the field. Speaking from personal experience I can say that the book is invaluable; in recent months it has spent as much time on my desk as on my bookshelves. I am sure others will find it equally useful' Christopher Vajda QC, International Company & Commercial Law Review

European Union Law of State Aid

Author : Kelyn Bacon QC
Publisher : Oxford University Press
ISBN 13 : 0191091227
Total Pages : 704 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis European Union Law of State Aid by : Kelyn Bacon QC

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 704 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.

European State Aid and Tax Rulings

Author : Liza Lovdahl Gormsen
Publisher : Edward Elgar Publishing
ISBN 13 : 1788972090
Total Pages : pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis European State Aid and Tax Rulings by : Liza Lovdahl Gormsen

Download or read book European State Aid and Tax Rulings written by Liza Lovdahl Gormsen and published by Edward Elgar Publishing. This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates whether the European Commission (EC) has the mandate to legislate on direct taxation in sovereign states and ultimately questions whether the EC’s enforcement action in recent tax ruling cases, in the area of state aid, respects the rule of 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.

State Aid Law of the European Union

Author : Herwig C. H. Hofmann
Publisher : Oxford University Press
ISBN 13 : 0191040886
Total Pages : 700 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis State Aid Law of the European Union by : Herwig C. H. Hofmann

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 700 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.

The Concept of State Aid Under EU Law

Author : Juan Jorge Piernas López
Publisher : Oxford Studies in European Law
ISBN 13 : 0198748698
Total Pages : 321 pages
Book Rating : 4.1/5 (987 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 Oxford Studies in European Law. This book was released on 2015 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of 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.

State Aid Law and Business Taxation

Author : Isabelle Richelle
Publisher : Springer
ISBN 13 : 3662530554
Total Pages : 282 pages
Book Rating : 4.6/5 (625 download)

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Book Synopsis State Aid Law and Business Taxation by : Isabelle Richelle

Download or read book State Aid Law and Business Taxation written by Isabelle Richelle and published by Springer. This book was released on 2016-10-18 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a compilation of contributions exploring the impact of the European Treaty provisions regarding state aid on Member States’ legislation and administrative practice in the area of business taxation. Starting from a detailed analysis of the European Courts’ jurisprudence on Art.107 TFEU the authors lay out fundamental issues – e.g. on legal concepts like “advantage”, “selectivity” and “discrimination” – and explore current problems – in particular policy and practice regarding “harmful” tax competition within the European Union. This includes the Member States’ Code of Conduct on business taxation, the limits to anti-avoidance legislation and the options for legislation on patent boxes. The European Commission’s recent findings on preferential “rulings” are discussed as well as the general relationship between international tax law, transfer pricing standards and the European prohibition on selective fiscal aids.

EU Law on State Aid to Airlines

Author : Magnus Schmauch
Publisher : Lexxion Verlagsgesellschaft
ISBN 13 : 3869652101
Total Pages : 378 pages
Book Rating : 4.8/5 (696 download)

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Book Synopsis EU Law on State Aid to Airlines by : Magnus Schmauch

Download or read book EU Law on State Aid to Airlines written by Magnus Schmauch and published by Lexxion Verlagsgesellschaft. This book was released on 2012 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: State intervention in air transport is omnipresent. Airlines, in particular, are major beneficiaries of State aid. This book provides a comprehensive analysis of the law regulating State aids to airlines, which includes sections on Articles 107 TFEU and 108 TFEU as well as an overview of legal issues raised by air transport and competition in the EU, in particular deregulation and its consequences. EU Law on State Aid to Airlines follows a multi-disciplinary approach by relying on the fundamental concepts of economics and policy analysis. This approach allows grasping the wider implications of this sector's issues for the field of State Aid, in particular in the light of the 'more economic approach' and the 'balancing test'. Furthermore, additional perspective is given on State aid law in the air transport sector through comparative analyses of regulations in the United States and Switzerland and outlooks on international relations. Finally, the book presents a number of recent Commission decisions with a dramatic importance for the air transport, with the opening of formal investigation procedures regarding alleged State aid to low-cost airlines operating from regional airports all over Europe. Magnus Schmauch is Legal Secretary at the EFTA Court in the Chambers of judge Pall Hreinsson. Previous experience includes four years as a lawyer at the Court of Justice of the European Union. He has published a large number of articles on State aid and other fields of EU law and teaches on EU law and fundamental rights at the University of Lund, Sweden.

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.

EU State Aids

Author : Leigh Hancher
Publisher : Sweet & Maxwell
ISBN 13 : 0414046560
Total Pages : 1283 pages
Book Rating : 4.4/5 (14 download)

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Book Synopsis EU State Aids by : Leigh Hancher

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

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

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.