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Journal Cover EStAL - European State Aid Law Quarterly
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   Full-text available via subscription Subscription journal
     ISSN (Print) 1619-5272
     Published by Lexxion Verlagsgesellschaft Homepage  [12 journals]
  • Book Reviews
    • Abstract: Klimaschutz durch Beihilfen – Eine Analyse des
      beihilferechtlichen Rahmens für energie- und
      umweltpolitische Maßnahmen
      "Climate Protection through State aid – An Analysis of the State aid
      framework for measures in energy and environment policy"
      by Volker Behlau, Jana Lutz and Manuel Schütt
      First edition, Nomos-Verlag Baden-Baden, 2012, 402 pp., I
      PubDate: Wed, 28 May 2014 12:21:38 +010
  • News from the Member States
    • Abstract:
      Austria Birgit Haslinger
      Belgium Caroline Buts
      Czech Republic Ivo Janda and Magda Olyšarová France Nicole Coutrelis Ireland Christine Fauroux
      Italy Sara Gobbato Luxembou
      PubDate: Wed, 28 May 2014 12:15:52 +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: Wed, 28 May 2014 12:03:14 +010
    • Abstract: By a judgment dated 22 July 2013, the EFTA Court confirmed the analysis of the EFTA Surveillance
      Authority in the case of a sale of publicly owned buildings. The EFTA Court found
      that there had been no open well-publicised and unconditional bid in the meaning of the
      Sale of Land Guidelines. The Icelandic authorities had published a general call for interest
      and the sale of four out of the five buildings for sale was advertised solely on the company’s
      website. The EF
      PubDate: Wed, 28 May 2014 11:57:49 +010
  • Salzgitter
    • Abstract: Annotation on the Judgment of the General Court of 22 January 2013 in
      Case T-308/00 RENV – Salzgitter AG In its judgment “Salzgitter” of 22 January 2013, the General Court of the European Union
      (GC) had first and foremost to deal with the question whether the order to recover incompatible
      aid from steel industry undertakings of the Salzgitter concern, adopted in 2000 by
      the Commission, was unlawful because it conflicted with the principle of legal certainty a
      PubDate: Wed, 28 May 2014 11:50:32 +010
  • Bank Burgenland
    • Abstract: Annotation on the Judgment of the European Court of Justice of the 24
      October 2013 in Joined Cases C-214/12 P, C-215/12 P and C-223/12 P,
      Land Burgenland, Grazer Wechselseitige Versicherung AG and Republic of
      Austria v European General Court I. Introduction
      Following a period of heavy debate, the Court of Justice
      of the European Union (the “ECJ”) rendered its
      final decision on appeals
      PubDate: Wed, 28 May 2014 11:48:20 +010
  • Vents De Colère!
    • Abstract: Annotation on the Judgment of the General Court of 13 September 2012
      in Case T-379/09, Italian Republic v Commission. I. Introduction
      The case Italian Republic vCommission1 concerns the
      appeal by Italy against decision 2009/944/EC of the
      European Commission dated 13 July 2009which concluded
      that an aid scheme in the form of an exemption
      from excise duties on diesel used for heating
      glasshouses, implemented between 3
      PubDate: Wed, 28 May 2014 11:45:33 +010
  • Riscaldamento Delle Serre
    • Abstract: On 13 March 2001, the European Court of Justice handed down its ruling in the landmark
      PreussenElektra case: it ruled in substance that imposing transfers of funds from one private
      company to another did not amount to State aid for lack of use of State resources. A
      decade and many cases later, the Court struggles to maintain coherence in the heritage of
      PreussenElektra. The Vent de Colère! case, which, just like its illustrious predecessor, deals
      with purchasing obli
      PubDate: Wed, 28 May 2014 11:43:36 +010
  • Idromacchine
    • Abstract: Annotation on the Judgment of the Court of Justice of 8 November 2011
      in Case C-34/12 P, Idromacchine Spa and Others v Commission I. Introduction
      The Idromacchine Spa and others v Commission case1
      concerns an appeal brought by Idromacchine Spa
      (Idromacchine), a naval construction company operating
      in the steam generators sector, and its two only
      shareholders against the judgment of the General
      Court (GC)2 inwhich itw
      PubDate: Wed, 28 May 2014 11:38:08 +010
  • Ten Years after Accession: State Aid in Eastern Europe
    • Abstract: In the early phase of transition that started with the 1990s, Central and Eastern European
      Countries (CEEC) have pursued far-reaching vertical and individual industrial policy with a
      focus on privatisation and restructuring of traditional industries. Foreign investment from
      the West and the facilitation of the development of a market economy also involved massive
      injections of State support.With their accession to the European Union (EU), levels and
      forms of State aid
      PubDate: Wed, 28 May 2014 11:34:44 +010
  • Piraeus, Ventspils and Krievu Sala A New Era in Port Financing and State
    • Abstract: In 2009 and 2010, three decisions by the European Commission in the area of port infrastructure
      financing gave a new direction to the State aid discussion in the port sector. The
      aim of this article is to analyse these decisions and place them in the context of European
      port policy as well as new legal developments such as the ruling of the European Court of
      Justice (ECJ) on airports1 and the regime on services of general economic interest (SGEI).2   EStAL
      PubDate: Wed, 28 May 2014 11:33:37 +010
  • Rescue and Restructuring (R&R) Guidelines – Thoughts and
           Comments on the ...
    • Abstract: I. Introduction
      Enterprises, undertakings, economic entities, large
      or small, may from time to time face financial difficulties
      leading to staff reductions, production site
      shut-downs, even insolvency, and finally total bankruptcy.
      As a result, jobs, investments, loans, and often
      know-how and technological competence are
      lost, guarantees have to be drawn, a region may be
      bereaved of its economic centre and face further losses
      to follow. In general, th
      PubDate: Wed, 28 May 2014 11:32:02 +010
  • The New State aid Banking Communication: The Beginning of the Bail-In Era
           Will Ensure a Level ...
    • Abstract: I. Introduction
      The purpose of this article is to discuss the enhanced
      burden-sharing rules in theCommission’s newBanking
      Communication (“NBC”)1 of 10 July 2013. The
      NBC constitutes the latest amendment of the State
      aid framework for bank restructuring, which is
      based on six specific “Crisis Communications”.2 It replaces
      the first of these Communications, the Banking
      Communication, and thereby indicates a major
      change in the Commission appro
      PubDate: Wed, 28 May 2014 11:30:47 +010
  • The Complexity of Simplification: The Commission’s Review of the de
           minimis Regulation
    • Abstract: I. Introduction
      The Commission’s de minimis Regulation is a
      strange animal in competition law. Starting from
      the concept itself up to its practical implementation,
      the de minimis rule presents a number of paradoxes.
      Conceived as a simple and straightforward instrument
      that provides legal certainty, it can actually
      reach these goals only to a limited extent and its
      concrete application is far from easy and a daily
      source of surprisingly tricky legal
      PubDate: Wed, 28 May 2014 11:29:26 +010
  • Who can invoke State aid Law before National Judges? That Floating
           Question of Legal Interest ...
    • Abstract: I. Introduction
      Under the principle of national procedural autonomy,
      national courts who apply EU lawmust do so using
      their own procedural law–within the boundaries
      of the principles of equivalence and effectiveness.
      Meanwhile, in many EU Member States, national
      procedural law requires that parties initiating proceedings
      have (legal) interest.1 Under Dutch law, failure
      to fulfil this requirement of interest – which can
      take a variety of forms depe
      PubDate: Wed, 28 May 2014 11:27:59 +010
  • 2013 Reform of EU State Aid Procedures: How to Exacerbate the Imbalance
           between Efficiency and ...
    • Abstract: This article deals with long awaited Council Regulation (EU) No 734/2013 of 22 July 2013
      amending Regulation (EC) No 659/1999 laying down detailed rules for the application of Article
      [108 TFEU]. From the rule of law perspective, the overall result of the reform process
      looks fairly disappointing. It hallmarks a culminating point in the evolution of the Union’s
      utilitarian concept underlying EU State aid procedure, focusing exclusively on efficient and
      effective imp
      PubDate: Wed, 28 May 2014 11:26:57 +010
  • Locus Standi Requirements for Annulment Actions by Competitors: The
           Resurfacing “Unique ...
    • Abstract: EStAL 2 2014 Opinion 233
      Locus Standi Requirements for Annulment
      Actions by Competitors: The Resurfacing
      “Unique Position Test” Ought to Be Discarded
      Bart A. Creve*
      Pursuant to the recently adopted amendments to Regulation
      (EC) No 659/99 (“Procedural Regulation”),
      the Commission will only be obliged to examine complaints
      made by parties that qualify as “interested
      parties” within the meaning of Article 108(2) of the
      TFEU and Article 1
      PubDate: Wed, 28 May 2014 11:24:50 +010
  • Scary Times
    • Abstract: There are many scary things happening these days in and around the world of State aid control.
      One of them is the judgment of the Court of Justice from November last year handed
      down as a reference ruling in the fierce litigation between former German national flag carrier
      Lufthansa and the emblem for low-cost flying in this country, i.e. the regional airport of
      Frankfurt/Hahn. The crucial question referred to Luxemburgwaswhether a Commission opening
      decision, expressing
      PubDate: Wed, 28 May 2014 11:23:00 +010
  • 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
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