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Journal Cover EStAL - European State Aid Law Quarterly
   [8 followers]  Follow    
   Full-text available via subscription Subscription journal
     ISSN (Print) 1619-5272
     Published by Lexxion Verlagsgesellschaft Homepage  [12 journals]
  • Biria Group
    • Abstract: Appeal against the order of the Regional Appeal Court of Thuringia in Jena 28. 12. 2011, 5W195/11,
      concerning the order of the Landgericht Mühlhausen 30. 3. 2011, 6 O 276/08
      Order of the German Bundesgerichtshof (BGH), Order of 13 September 2012:
      1. The appeal is well founded. The orders of the lower instances are annulled. The proceedings in a law suit
      concerning the recovery of aid granted in breach of the standstill obligation (Article 108(3) first and second
      PubDate: Tue, 18 Mar 2014 10:54:01 +010
  • Book Reviews
    • Abstract: EU Competition and Internal Market Law in the Healthcare Sector
      By Leigh Hancher and Wolf Sauter
      Oxford University Press, 2012, ISBN 978-0-19-964217-5, 400 pp., £145.00

      Europäisches Beihilfenrecht “European State Aid Law”
      Edited by Alexander Birnstiel, Marc Bungenberg, Helge Heinrich
      Baden-Baden: Nomos, 2013. 1466 pages. ISBN: 978-3-8329-5758-2, € 198,–

      The book aims t
      PubDate: Tue, 18 Mar 2014 10:40:23 +010
  • Notre-Dame-des-Landes
    • Abstract: Actions for the annulment of the decree No 2010-1699 of 29 December 2010 approving a contract
      between the French State and Aéroport du Grand Ouest for the concession of the aerodromes of Notre-
      Dame-des-Landes, Nantes-Atlantique and Saint-Nazaire-Montoire.
      Conseil d’État (7ème et 2ème sous-sections réunies), Judgment of 13 July 2013:
      1. To comply with Article 1 of the decree of 24 March 1993 on the application of Article 38 of the law No 93-
      122 on the publicity o
      PubDate: Tue, 18 Mar 2014 10:30:51 +010
  • MB System
    • Abstract: Actions for the annulment of Commission Decision 2011/471/EU of 14 December 2010 on aid C 38/05
      (ex NN 52/04) to the Biria Group implemented by Germany.
      General Court (Third Chamber), Judgment of 3 July 2013:
      1. Where the Commission has a wide margin of discretion in its assessment, only “manifest errors of law”
      may lead to the annulment of a Decision. However, where the applicant submits that there was an “error
      of analysis” and the applicable case law requires
      PubDate: Tue, 18 Mar 2014 10:29:06 +010
  • MOL Magyar v European Commission
    • Abstract: Application for annulment of Commission Decision 2011/88/EU of 9 June 2010 on State aid C 1/09 (ex
      NN 69/08) granted by Hungary to MOL Nyrt (OJ 2011 L 34) and, in the alternative, for annulment of
      that decision in so far as it orders the recovery of amounts.
      General Court (Second Chamber), Judgment of the 12 November 2013:
      1. For ameasure to be classified as State aid, first, theremust be an intervention by the State or through State
      resources; second, the intervention m
      PubDate: Tue, 18 Mar 2014 10:26:42 +010
  • Venezia Vuole Vivere
    • Abstract: Actions for the annulment of Commission Decision 2000/394/EC of 25 November 1999 on aid to firms
      in Venice and Chioggia by way of relief from social security contributions under Laws No. 30/1997 and
      General Court (Fourth Chamber), Orders of 12 December 2012:
      1. According to Article 114(4) of the Court’s Rules of Procedure, the Commission’s application for a ruling on
      its objection of inadmissibility must be added to the main proceedings. It is for the Gener
      PubDate: Tue, 18 Mar 2014 10:24:21 +010
  • Iberdrola
    • Abstract: Application for annulment of Article 1(1) of the Commission Decision 2011/5/EC of 28 October 2009 on the
      tax amortisation of financial goodwill for foreign shareholding acquisitions C 45/07 implemented by Spain.
      General Court (Eighth Chamber, Extended Composition), Judgment of 8 March 2012:
      1. Where the contested decision was adopted following a formal investigation procedure and was not addressed
      to the applicant, the applicant must show that the contested decision affects i
      PubDate: Tue, 18 Mar 2014 10:21:56 +010
  • Ellinika Nafpigeia AE
    • Abstract: Appeal to set aside the judgment of the General Court of the European Union on 15 March 2012 in the
      case T-391/08, by which the General Court dismissed Ellinika Nafpigeia AE’s action seeking partial
      annulment of Commission Decision C(2008) 3118 final of 2 July 2008 on State aid C 16/04 (ex
      NN 29/04, CP 71/02 et CP 133/05) implemented by the Hellenic Republic to this shipyard.
      General Court (Second Chamber), Judgment of the 28 February 2013:
      1. Pursuant to Article 346(1
      PubDate: Tue, 18 Mar 2014 10:20:25 +010
  • Flughafen Frankfurt-Hahn
    • Abstract: Request for a preliminary ruling under Article 267 TFEU from the Oberlandesgericht Koblenz
      (Germany), brought to the Court by decision of 30 May 2012.
      Court of Justice (Second Chamber), Judgment of the 21 November 2013:
      1. The need to provide an interpretation of European Union law which will be of use to the national court,
      makes it necessary that the national court defines the factual and legal context of the questions it is asking
      or, at the very least, explain the fa
      PubDate: Tue, 18 Mar 2014 10:17:47 +010
  • Ryanair
    • Abstract: Appeal to set aside the judgment of the General Court of the European Union in Case T-123/09
      whereby the court dismissed the action seeking the partial annulment of Commission Decision
      2009/155/EC on the loan of €300 million granted by Italy to Alitalia No C 26/08 (ex NN 31/08) (OJ 2009
      L 52/3) (‘the first contested decision’) and the annulment of Decision C(2008) 6745 final, on the Sale of
      assets of the airline Alitalia.
      Court of Justice (Second Chamber), Judgment
      PubDate: Tue, 18 Mar 2014 10:16:13 +010
  • Libert
    • Abstract: Request for a preliminary ruling under Article 267 TFEU from the Cour constitutionnelle (Belgium),
      made by decision of 6 April 2011.
      Judgment of the Court (First Chamber) dated 8 May 2013:
      1. Treaty rules governing freedom of movement for persons and the measures adopted to implement them
      cannot be applied to activities which have no factor linking them with any of the situations governed by
      EU law and which are confined in all relevant respects within a single Member St
      PubDate: Tue, 18 Mar 2014 10:14:34 +010
  • Frucona Košice
    • Abstract: Appeal to set aside the judgment of the General Court of the European Union on 7 December 2010 in
      the case T-11/07, by which the General Court dismissed Frucona Košice’s action seeking annulment of
      Commission Decision 2007/254/EC of 7 June 2006 on State aid C 25/05 (ex NN 21/05) implemented by
      the Slovak Republic for Frucona Košice a.s.
      Court of Justice (Second Chamber), Judgment of the 24 January 2013:
      1. The concept of aid embraces not only positive benefits, such
      PubDate: Tue, 18 Mar 2014 10:11:47 +010
  • Brighter Lights at the End of the Tunnel – Continuing Private
           Enforcement of State Aid Law in ...
    • Abstract: In a decision of September 2012, the German Federal High Court ruled that a national court
      must not suspend a State aid proceeding if, in the same case, the European Commission issued
      a final negative decision against which the recipient of aid has brought a case to the
      European courts. Therefore, the national courts cannot simply await the outcome of the European
      litigation, but have to continue their proceedings. This judgment puts an end to yearlong
      standstill in a
      PubDate: Tue, 18 Mar 2014 10:07:44 +010
  • “Modernising State Aid through Better Evaluations” –
           Insights From Recent Discussions ...
    • Abstract: I. Context and Rationale for State Aid
      The EU State aid rules are primarily based on a system
      of ex-ante scrutiny. Aid measures are approved
      on the basis of pre-defined assessment criteria on the
      assumption that their overall balancewill be positive
      (and remain positive over their duration) as long as
      themeasures comply with these assessment criteria.
      What has been really achieved with public funds as
      well the actual impact of State aid on
      PubDate: Tue, 18 Mar 2014 10:05:57 +010
  • The Prohibition of Overcompensations to Services of General Economic
    • Abstract: European State aid law allows Member States to compensate selected companies that are
      entrusted with the operation of Services of General Economic Interest (“SGEI”). Overcompensation
      – compensation that exceeds what is necessary to cover all or part of the cost of
      the SGEI including a reasonable profit – is prohibited. The application of the prohibition to
      ex post overcompensation leads to altered risk for companies entrusted with the operation
      of SGEI and to
      PubDate: Tue, 18 Mar 2014 10:04:32 +010
  • Asymmetric Tax Measures and EU State Aid Law
    • Abstract: The “Special Solidarity Levy” on Greek Producers of Electricity from
      Renewable Energy Sources I. Introduction
      A tax is a burden, not an advantage. For this reason,
      a tax normally does not fall within the scope of Article
      107(1) TFEU. The tax-related measures that constitute
      State aid are those that lighten the burden of
      taxation, such as reductions of tax rates, exemptions
      from tax liability or write-offs of tax debt.
      The purpose of this art
      PubDate: Tue, 18 Mar 2014 10:01:54 +010
  • Revisiting Material Selectivity in EU State Aid Law – Or “The
           Ghost of Yet-To-Come”
    • Abstract: Throughout the years, the State aid prohibition has been stretched to its limits to encompass
      almost every State measure. An overly wide interpretation of the material selectivity criterion
      has been playing a central role in this process and recent jurisprudence confirms how
      blurred the lines are. In order to foresee what narratives we can apply in the Future to balance
      the interests involved, we must first revisit the Past and contemplate the Present.
      “I will live
      PubDate: Tue, 18 Mar 2014 09:59:24 +010
  • A Decade of State Aid Control in the Field of Broadband
    • Abstract: I. Introduction
      Ten years have passed since 2003,when the firstmeasure
      in support of the roll-out of a broadband networkwere
      assessed under the EU State aid rules, and
      approved with direct application of Article 107(3)(c)
      of the Treaty on the Functioning of the European
      Union (TFEU).1 Since then, the European Commission
      has adoptedmore than 125 decisions in this sector
      (as of October 2013) and has scrutinised projects
      involving a total of 13 billion o
      PubDate: Tue, 18 Mar 2014 09:49:06 +010
  • Infrastructure Financing and State Aid Post Leipzig-Halle
    • Abstract: I. Introduction In one of its last judgments of 2012, the Court of Justice (“CJEU”) ruled that public financing provided for the construction of a new runway at the State-owned Leipzig-Halle airport is subject to State aid rules.1 In its decision, the CJEU confirmed the ruling of the General Court2 in all material points. The CJEU held that operating the airport runway constituted an economic activity which was inseparable from its construction. The operation of the runway was seen
      PubDate: Tue, 18 Mar 2014 09:47:18 +010
  • News from the Member States
    • Abstract:
      Bulgaria Iveta Stoycheva and Mariya Papazova
      Croatia Tatjana Jakovljević
      Cyprus Michalis Kamperis Germany Christoph Arhold Latvia Daiga Lagzdiņa
      Norway Silje Thorstensen
      PubDate: Tue, 18 Mar 2014 09:38:49 +010
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