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Journal Cover   EStAL - European State Aid Law Quarterly
  [10 followers]  Follow
    
   Full-text available via subscription Subscription journal
   ISSN (Print) 1619-5272
   Published by Lexxion Verlagsgesellschaft Homepage  [12 journals]
  • Case E-1/13, Míla ehf v EFTA Surveillance Authority - How to
           Safeguard Procedural Rights and ...
    • Abstract: Annotation on the Judgment of the EFTA Court of 27th January 2014 in Case E-1/13, Míla ehf v EFTA Surveillance Authority. This case allows for substantive arguments when an Applicant who can show no direct and
      individual concern, and is in no position to challenge the merits of the decision, is raising a
      plea alleging the existence of doubts, and that ESA consequently should have initiated a formal
      investigation procedure. The Court found that the use
      PubDate: Tue, 24 Mar 2015 10:44:36 +010
       
  • Case C-522/13, Ministerio de Defensa, Navantia SA v Concello de Ferrol -
           Not just Another ...
    • Abstract: Annotation on the Judgment of the Court of Justice of the EU of 9th October 2014 in Case C-522/13, Ministerio de Defensa, Navantia SA v Concello de Ferrol The CJEU rendered a short, straight-forward judgment on the concept of State aid within
      themeaning of Article 107(1) TFEU. In a request for a preliminary ruling, the Court was asked
      to address whether a tax exemption may be considered compatible with the State aid rules
      by a national judge wh
      PubDate: Tue, 24 Mar 2015 10:42:48 +010
       
  • Case C-242/13, Commerz Nederland NV v Havenbedrijf Rotterdam NV -
           Imputability to the State
    • Abstract: Annotation on the Judgment of the Court of Justice of the EU of 17th September 2014 in Case C-242/13, Commerz Nederland NV v Havenbedrijf Rotterdam NV In essence, the CJEU confirmed its case-law regarding the imputability of measures taken
      by publicly controlled undertakings, ie the Stardust Marine judgment (C-482/99), and in addition
      gave some guidance in regard to the indication assessment. The breach of internal
      statutes does not, of itself,
      PubDate: Tue, 24 Mar 2015 10:40:20 +010
       
  • Case C-271/13 P, Rousse Industry AD v Commission - Duly Applying the
           Private Creditor Test the ...
    • Abstract: Annotation on the Judgment of the Court of Justice of the EU of 20th March 2014 in Case C-271/13 P, Rousse Industry AD v European Commission. TheCJEUdismissedRousse Industry’s appeal againstGeneralCourt judgment and confirmed
      the established application of the private creditor principle in case of debt restructurings.
      Not only should public authorities and public undertakings consider whether their actions
      are in compliance with State aid rules when g
      PubDate: Tue, 24 Mar 2015 10:38:23 +010
       
  • Case T-347/09, Germany v Commission - Economic Activities in Natural
           National Heritage?
    • Abstract: Annotation on the Judgment of General Court of 12th September 2013 in Case T-347/09, Federal Republic of Germany v European Commission The General Court agreed with the decision of the Commission that the free of charge transfer
      of land of natural national heritage to nature conservation organisations and the financial
      support of large-scale nature conservation projects constitute State aid. The nature conservation
      organisations are classified as undert
      PubDate: Tue, 24 Mar 2015 10:37:03 +010
       
  • Case T-425/11, Greece v Commission - Price Regulation and State Aid
    • Abstract: Annotation on the Judgment of the General Court of 11th of September 2014 in Case T-425/11, Greece v European Commission The General Court annulled the Commission Decision 2011/716 finding that certain Greek
      casinos had received aid that was incompatible with the internal market.
      Keywords: Advantage, Casinos, Price regulation. I. Introduction
      It is an established principle of EU State aid law that
      purely regulatory activities do not entail
      PubDate: Tue, 24 Mar 2015 10:34:38 +010
       
  • The Concept of ‘Advantage’ in State Aid and Public Procurement
           and the Application of ...
    • Abstract: This paper examines the case law on the concept of advantage in the field of State aid and
      in the field of public procurement. It identifies the similarities and the differences between
      the two fields. Then it uses the results of this analysis to examine how ‘competitive selection
      procedures’ may either eliminate advantage or minimise advantage in the context of the
      measures adopted on the basis of the new General Block Exemption Regulation – Regulation
      651/2014
      PubDate: Tue, 24 Mar 2015 10:32:34 +010
       
  • Time's up – Procedural Delays in State Aid Cases
    • Abstract: An Overview of the Case Law This Article deals with procedural delays encountered during the preliminary examination
      of State aid cases. The main emphasis is on delays in notified cases as well as complaints,
      and a comparison is drawn. Some light is also shed on delays in existing aid procedures. The
      Article draws from extensive case law which demonstrates both the importance of adopting
      decisions within a reasonable time as well as the extent to w
      PubDate: Tue, 24 Mar 2015 10:30:20 +010
       
  • Cumulation of State Aid
    • Abstract: State aid law sets some barriers for each project or undertaking above which State funding
      is not allowed. However, compliance with these requirements is not straightforward and simple
      especially when different types of State aid and/or different forms of State aid is granted
      to the same undertaking. With the State Aid Modernisation rules on cumulation become
      clearer, although some difficulties still remain.
      Keywords: Cumulation, De minimis aid, Eligible costs, GBER,
      PubDate: Tue, 24 Mar 2015 10:29:06 +010
       
  • The Commission’s Decisional Practice on State Aid to Banks: An
           Update
    • Abstract: This article is an update on the evolution of the European Commission’s decisional practice
      regarding State aid to banks in the financial crisis over the past few years, building on a
      previous analysis published in 2011. Since 2008, most Member States have provided some
      support to their banking system, which has allowed the Commission to exert an unprecedented
      control over the use of taxpayers’ money under State aid rules. In particular, individual
      restructuring o
      PubDate: Tue, 24 Mar 2015 10:27:41 +010
       
  • State Aid to Public Service Media: European Commission Decisional Practice
           Before and After the ...
    • Abstract: European Commission Decisional Practice Before and After the 2009 Broadcasting Communication State aid cases concerning the funding of public broadcasters in EUMember States have ever
      since the early 1990s provoked both political and academic attention. Based on three principles
      – (1) awell-defined public task, (2) the formal entrustment and independent control thereof
      and (3) proportionality of State aid – the European Commission has reached severa
      PubDate: Tue, 24 Mar 2015 10:25:01 +010
       
  • 'Subsidising Accessibility': Using EU State Aid Law and Policy to Foster
           Development and ...
    • Abstract: Using EU State Aid Law and Policy to Foster Development and Production of Accessible Technology Accessible technology encompasses a series of different universally designed and assistive
      products. The market for these products is wide and highly diversified. However, a common
      trend can be identified: Private industry is hesitant to engage in experimental products
      which require massive development and production costs, and is reluctant to invest in devel
      PubDate: Tue, 24 Mar 2015 10:23:19 +010
       
  • New Rules for State Aid for Research, Development and Innovation:
           ‘Not a Revolution but a ...
    • Abstract: ‘Not a Revolution but a Silent Reform’ In the course of the State Aid Modernisation initiative, EU-rules for State aid for Research,
      Development and Innovation (R&D&I) have been revised. New legal texts entered into force
      on July 1st 2014: the new Framework for State aid for Research, Development and Innovation
      (the Framework) and the new General Block Exemption Regulation (GBER). This article
      describes the scope of the modifications and discus
      PubDate: Tue, 24 Mar 2015 10:20:50 +010
       
  • Criminal Liability – An Efficient Tool of EU State Aid Law
           Enforcement?
    • Abstract: More than two years after the Commission set out the State Aid Modernisation (SAM) package,
      still no considerable progress has been achieved in terms of increasing the efficiency
      of EU State aid law enforcement at the national level in spite of severe deficiencies. Attention
      must therefore be given to the question of how to enhance the Member States’ compliance
      with EU State aid rules. This article proposes criminal liability as an efficient tool of
      EU State aid law
      PubDate: Tue, 24 Mar 2015 10:18:54 +010
       
  • News from the Member States
    • Abstract: Austria ∙ Birgit Haslinger
      Bulgaria ∙ Iveta Stoycheva and Mariya Papazova
      Croatia ∙ Tatjana Jakovljević
      Cyprus ∙ Michalis Kamperis
      Germany ∙ Christoph Arhold and Mari Weiss
      Poland ∙ Przemyslaw Kamil Rosiak  
      PubDate: Tue, 24 Mar 2015 10:17:41 +010
       
  • SAM: Practically perfect in every way?!
    • Abstract: With this first issue of 2015, it seems appropriate to look back and reflect on the events of the
      previous year. In general, we will probably remember 2014 for Frozen, the Sochi Olympics,
      turmoil in Ukraine, the World Cup, the outbreak of ebola, increased terrorist threats and the
      ice bucket challenge. While looking back, many will very likely be humming the catchy tune
      ‘Happy’ by Pharrell Williams.
      For the State aid community more specifically, 2014 was a highly int
      PubDate: Tue, 24 Mar 2015 10:15:16 +010
       
  • Book Reviews
    • Abstract: Financing Services of General Economic Interest- Reform and Modernization by Erika Szyszczak and Johan Willem van de Gronden (eds) Springer, Berlin Heidelberg, 2013, 295 pp., ISBN 978-90-6704-906-1, €117.65. European Union Law of State Aid by Kelyn Bacon (ed) Second edition, Oxford University Press, 2013, 572 pp., ISBN: 978-0- 19-966506-8, £195. EU State Aids by Leigh Hancher, Tom Ottervanger and Piet Jan Slot (eds) Fourth Edition, Sweet and Maxwell, 2012, 1183 pp., ISB
      PubDate: Wed, 03 Dec 2014 10:30:19 +010
       
  • Case T-150/2012 – or - in a nutshell: What not to invoke in State
           Aid Cases
    • Abstract: Annotation on the Judgment of the General Court (Seventh Chamber) of 9th of April 2014 in Case T-150/12 Greece v Commission I. Introduction
      In its judgment of 9th April 2014 in Case T-150/12
      Greece v Commission (‘the judgment’)1 the General
      Court (GC) upheld the Commission’s Decision (‘the
      Decision’) ordering Greece to recover aid granted to
      associations of agricultural cooperatives and cereal
      producers in 2008.2 The aid consist
      PubDate: Tue, 02 Dec 2014 16:00:46 +010
       
  • The (French) Postman Rings Twice in Vain: The Court of Justice upholds of
           the GC’s judgment ...
    • Abstract: Annotation on the Judgment of the Court of Justice of the EU (First Chamber) of 3rd April 2014 in Case C-559/12 P French Republic v Commission The La Poste case concerns the appeal brought by the French Republic against the 2012 GC
      decision,which found that the implied unlimited State guarantee granted by France in favour
      of La Poste, the state-owned French postal services provider, constituted State aid incompatible
      with the internal market. The Court
      PubDate: Tue, 02 Dec 2014 15:59:08 +010
       
  • Legitimate Expectations in Reasonable Delay – Regional aid to Hotels
           in Sardegna
    • Abstract: Annotation on the Judgments of the European Court of Justice of 13th of June 2013 in Joined Cases C-630/11 P to C-633/11 P Regione autonoma della Sardegna and Others v European Commission. This case shows that the CJEU adopts a practical approach towards the fundamental principles
      of Community law relevant to State aid procedures whilst at the same time paying
      full attention to parties’ procedural rights. The CJEU allowed the Commission to
      PubDate: Tue, 02 Dec 2014 15:57:32 +010
       
 
 
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