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Unlimited Liability Of State Owned Banks Under The Ec Rules Of State Aids
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Book Synopsis Unlimited Liability of State-owned Banks under the EC-Rules of State Aids by : Ulrich Immenga
Download or read book Unlimited Liability of State-owned Banks under the EC-Rules of State Aids written by Ulrich Immenga and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: The applicability of EC law of state aids to the state`s unlimited liability for Savings Banks and "Landesbanken" is controversial. Legal and political discussions following the Maastricht-II-Treaty tend to assume that liabilities have to be qualified as state aids. However, as the liabilities in question derive from public ownership, they have to be distinguished from securities for corporate debts which might be qualified as state aids under EC law. In this context the book discusses state aids to public companies and the private investor test of the EC Court of Justice. The authors question the EC Commission`s concept to quantify refinancing advantages which are supposed to be achieved by virtue of public liability.
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.
Book Synopsis European Competition Law Annual 1999 by : Claus-Dieter Ehlermann
Download or read book European Competition Law Annual 1999 written by Claus-Dieter Ehlermann and published by Bloomsbury Publishing. This book was released on 2001-06-07 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Competition Law Annual 1999 is fourth in a series of volumes including the materials of the annual Workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University in Florence. The present volume contains the contributions and commentaries of a group of senior EU policy-makers,renowned academics and international legal experts on the subject of State Aid control - a unique and complex feature of EU competition policy, usually little explored and understood. The contributors concentrated on the aspects of EU State Aid policy that were most contentions and challenging at the time of the fourth edition of the EUI Competition Workshop (June 1999), as following: a) the economic justifications for and effects of State Aids, b) specific problems arising in the control of State Aids in the banking sector, and c) the possibilities for a more decentralised control of State Aids in the EU.
Book Synopsis The Definition of Subsidy and State Aid by : Luca Rubini
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.
Book Synopsis Michigan Journal of International Law by :
Download or read book Michigan Journal of International Law written by and published by . This book was released on 2006 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cumulated Index to the Books written by and published by . This book was released on 1999 with total page 1132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Corporate Governance of State-Owned Enterprises A Survey of OECD Countries by : OECD
Download or read book Corporate Governance of State-Owned Enterprises A Survey of OECD Countries written by OECD and published by OECD Publishing. This book was released on 2005-12-16 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents the OECD Guidelines on Corporate Governance of State-Owned Enterprises as well as a comparative overview of main practices and issues related to corporate governance of state-owned enterprises in the OECD area.
Book Synopsis Politics and Rhetoric of Italian State Steel Privatisation by : Edoardo Mollona
Download or read book Politics and Rhetoric of Italian State Steel Privatisation written by Edoardo Mollona and published by Routledge. This book was released on 2022-05-17 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: The globally spreading privatisation wave that occurred in the 1990s deeply changed the structure of economic institutions worldwide. This turmoil overturned not only economic institutions, but shared cultural and societal institutions as well. This book is the result of an investigation into the history of the privatisation of the steel industry in Italy, completed between 1994 and 1995. It explores the history of the Italian steel industry by looking at the interplay of local intertwined interests, political relations, and ideological formations that characterised an idiosyncratic hegemonic historical bloc. Rather than stigmatising this pattern as the legacy of a dysfunctional provincialism, the authors mobilise Gramsci’s theory of hegemony to explain how the Italian privatisation process unfolded to accommodate economic pressures, political interests, and ideological constraints of a hegemonic social group, or aggregation of social groups. Thus, in reconstructing the privatisation of Italian steel, this book proposes a hegemony theory of privatisation and, more generally, describes a model that explains how political and cultural dynamics give rise to idiosyncratic local variations in globally spreading policies. It will be of interest to researchers, academics, and students in the fields of business history, economics, sociology, and political science.
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 Journal of Economic Literature written by and published by . This book was released on 1999 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Corporate Governance of State-Owned Enterprises by : World Bank Publications
Download or read book Corporate Governance of State-Owned Enterprises written by World Bank Publications and published by World Bank Publications. This book was released on 2014-10-02 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Toolkit provides an overall framework with practical tools and information to help policymakers design and implement corporate governance reforms for state-owned enterprises. It concludes with guidance on managing the reform process, in particular how to prioritize and sequence reforms, build capacity, and engage with stakeholders.
Book Synopsis American Book Publishing Record Cumulative 1998 by : R R Bowker Publishing
Download or read book American Book Publishing Record Cumulative 1998 written by R R Bowker Publishing and published by . This book was released on 1999-03 with total page 1312 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Banks and Remedies by : William Blair
Download or read book Banks and Remedies written by William Blair and published by Taylor & Francis. This book was released on 2021-11-18 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text looks at the options that the law provides, both domestically and internationally. It also explains the various opportunities available to reduce risk and organize and administer rescue packages for ailing institutions. This edition addresses the new civil procedures rules in England; arbitration in banking and finance; rescues; EC remedies and English law remedies.
Book Synopsis State-Owned Enterprises in Emerging Europe: The Good, the Bad, and the Ugly by : Uwe Böwer
Download or read book State-Owned Enterprises in Emerging Europe: The Good, the Bad, and the Ugly written by Uwe Böwer and published by International Monetary Fund. This book was released on 2017-10-30 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: State-owned enterprises (SOEs) play an important role in Emerging Europe’s economies, notably in the energy and transport sectors. Based on a new firm-level dataset, this paper reviews the SOE landscape, assesses SOE performance across countries and vis-à-vis private firms, and evaluates recent SOE governance reform experience in 11 Emerging European countries, as well as Sweden as a benchmark. Profitability and efficiency of resource allocation of SOEs lag those of private firms in most sectors, with substantial cross-country variation. Poor SOE performance raises three main risks: large and risky contingent liabilities could stretch public finances; sizeable state ownership of banks coupled with poor governance could threaten financial stability; and negative productivity spillovers could affect the economy at large. SOE governance frameworks are partly weak and should be strengthened along three lines: fleshing out a consistent ownership policy; giving teeth to financial oversight; and making SOE boards more professional.
Book Synopsis Transparency in a New Global Order by : Christina Garsten
Download or read book Transparency in a New Global Order written by Christina Garsten and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that transparency is a concept that has gained increasing currency and favour as an organizing principle and administrative goal in recent years. Calls for transparency have been directed towards states, markets, corporations and national political processes as well as towards large institutions such as the European Union. Focusing on empirically rich case studies, the contributors explore the ideas and practices of transparency in different contexts, encouraging a discussion of the many facets of the term and its strengths, ambiguities and limitations. They aim to shed light on the powerful global discourse and practices contained in the concept, and to fill a gap in the literature since few attempts have, until now, been made to examine the actual content and practice of transparency. Also discussed are the complex negotiations through which it is determined what should be displayed and what should remain hidden, the uses of power and control, and the processes through which transparency is, or is not, achieved. This analysis of the concepts, models and metaphors that guide and shape organizational, social and aesthetical practices today will provide a much-needed contribution to the literature for academics, researchers and students focusing on these areas.
Book Synopsis International Bank Crisis Management by : Marco Bodellini
Download or read book International Bank Crisis Management written by Marco Bodellini and published by Bloomsbury Publishing. This book was released on 2022-08-25 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the legal regimes governing bank crisis management in the EU, UK, and US, discussing the different procedures and tools available as well as the regulatory architecture and the authorities involved. Building on a broad working definition of 'bank crisis management' and referring to several cases, the book explores the techniques and approaches employed by the authorities to deal with troubled banks on both sides of the Atlantic. The legal analysis distinguishes between procedures and tools aimed at liquidating the bank in crisis vis-à-vis those aimed at restructuring. In this regard, attention is paid to the rules allowing for the use of public money in handling banks in trouble as well as to the role that deposit insurance schemes can play. Considerations on the impact on banks of the current crisis provoked by the COVID-19 pandemic are advanced, primarily focusing on the expected surge of non-performing loans as well as on ways to effectively manage these assets. The book approaches these issues from a comparative law perspective, providing law and economics considerations and focusing on strengths and drawbacks of the rules currently in force. The book advances policy considerations as well as reform proposals aiming at enhancing the legal regimes in force, with particular reference to the Consultation promoted in 2021 by the European Commission on the adoption of a new bank crisis management and deposit insurance framework in the Union.
Book Synopsis The Law of the Single European Market by : Catherine Barnard
Download or read book The Law of the Single European Market written by Catherine Barnard and published by Bloomsbury Publishing. This book was released on 2002-06-28 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection explores the legal foundations of the single market project in Europe,and examines the legal concepts and constructs which underpin its operation. While an apparently well-trodden area of EU law, such is the rapid evolution of the European Court's case law that confusion persists as to the meaning of core concepts. The approach adopted is a thematic one, with each theme being explored in the context of the different freedoms. The themes covered include discrimination, horizontality, mutual recognition, market access, pre-emption and harmonization, enforcement, mandatory requirements, flexibility, subsidiarity and proportionality. Separate chapters explore the link between competition law and the single market, the rapidly evolving case law on capital, and the external dimension of the single market. Contributors also address the WTO dimension, and its important implications for the single market project in Europe.
