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Journal Cover EStAL - European State Aid Law Quarterly
   [9 followers]  Follow    
   Full-text available via subscription Subscription journal
     ISSN (Print) 1619-5272
     Published by Lexxion Verlagsgesellschaft Homepage  [12 journals]
  • Book Reviews
    • Abstract: Beihilfenkontrolle im Europäischen Mehrebenensystem – Navigationshilfe für Länder und Kommunen
      State aid control in the European Multi-level System – A guide for
      States and Communes
      by Harns Arno Petzold
      Lexxion Verlag, Berlin, 2013, 144 pp., ISBN: 978-3-86965-238-2,
      € 29,95 State Aid for Newspapers – Theories, Cases, Actions
      By Paul Murschetz (Ed.)
      First Edition, Springer, xii+402 pp. inc. Index, Hard cov
      PubDate: Thu, 18 Sep 2014 11:22:24 +010
  • BT and BTPS
    • Abstract: Annotation on the Judgment of the General Court of 16 September 2013 in Joined Cases T-226/09 and T-230/09, British Telecommunications plc and BT Pension Scheme Trustees Ltd v European Commission (“BT and BTPS”) In its recent judgment in the joined cases of BT and BTPS Trustees, the General Court of the
      European Union (“the GC”) further refined its case law on how compensation for so-called
      ‘legacy costs’ is assessed under State aid law. Legacy c
      PubDate: Thu, 18 Sep 2014 11:00:36 +010
  • Deutsche Post
    • Abstract: Annotation on the Judgment of the General Court (Second Chamber) of 12 November 2013 in Case T-570/08 RENV – Deutsche Post AG v Commission In the long-lasting dispute on State aid for Deutsche Post AG, the General Court judged in
      November 2013 on the annulment of an information injunction issued by the European Commission
      in the course of its State aid investigation. The Commission had requested extensive
      information from Germany going beyond the actu
      PubDate: Thu, 18 Sep 2014 10:58:03 +010
  • Aiscat
    • Abstract: Annotation on the Judgment of the General Court of 15 January 2013 in Case T-182/10 Aiscat v Commission Procedural issues have always been a heavy burden and a major barrier for third parties
      appealing against Commission decisions in State aid cases. Numerous judgments of the European
      courts have brought new momentum to these issues in the past few years. However,
      what remains is a very complex and to some extent incoherent framework requiring precision
      PubDate: Thu, 18 Sep 2014 10:39:24 +010
  • Poste Italiane v Commission
    • Abstract: Annotation on the Judgment of the General Court (Sixth Chamber) of 13 September 2013 in Case T-525/08 Poste Italiane SpA v European Commission I. Introduction
      On 13 September 2013, theGeneralCourt (the “Court”)
      handed down its judgment in Case T-525/08, Poste
      ItalianeSpAvCommission(the “Judgment”)1, concerning
      an application brought by Poste Italiane SpA.
      (“Poste”) for the annulment of the European Commission
      (the “Commissio
      PubDate: Thu, 18 Sep 2014 10:37:37 +010
  • France Télécom
    • Abstract: Annotation on the Judgment of the Court of Justice of 19 March 2013 in Joined cases C-399/10P and C-401/10P, Bouygues (France Télécom) By a judgment dated 19 March 2013, the Court of Justice (also referred to as “the Court”) set
      aside the previous judgment of the General Court in case Bouygues Télécom v Commission,
      which had annulled a Commission decision defining as State aid the French State’s support
      declarations and the shareholder loan in
      PubDate: Thu, 18 Sep 2014 10:33:13 +010
  • Doux Élevage
    • Abstract: Annotation on the Judgment of the Court of Justice of 30 May 2013 in case C-677/11, Doux Élevage SNC, Coopérative agricole UKL-ARREE I. Introduction
      The Doux Élevage case concerns a reference for a preliminary
      ruling by the French Conseil d’État in proceedings
      lodged by two enterprises, which were required
      to pay inter-trade contributions. Such contributions,
      established by an agricultural inter-trade organisation,
      were initially vo
      PubDate: Thu, 18 Sep 2014 10:26:00 +010
  • Buczek
    • Abstract: Annotation on the Judgment of the Court of Justice of 21 March 2013 in case C-405/11 P – Buczek Automotive sp. z o.o. In a judgment of 21 March 2013, the Court of Justice held that refraining from petitioning
      for the bankruptcy of a company in financial difficulties could only amount to State aid in
      case a hypothetical private creditor in the same market circumstances would have decided
      to petition for bankruptcy (‘Hypothetical Private Creditor test
      PubDate: Thu, 18 Sep 2014 10:23:49 +010
  • Commission Decisions on Hypo Group Alpe Adria in the Light of
    • Abstract: Since May 2009 the European Commission has assessed several State aidmeasures in favour
      of Hypo Group Alpe Adria, a banking group, which has extraordinarily attracted media attention
      in Austria and Germany at least since the emergency nationalisation of the bank in
      December 2009. Finally, State aid was authorised by Commission Decision of 3 September
      2013. This case note aims to give an overview of this State aid case and its complex surrounding
      circumstances. Moreove
      PubDate: Thu, 18 Sep 2014 10:14:28 +010
  • Systematic Misconceptions of State Aid Law in the Area of Taxation
    • Abstract: Principles for a Conceptual Reform Fiscal aid is defined on the basis of a unique ideal type of prohibited State aid. However,
      this ideal type was originally developed with view to forbid typical subsidies only. Case law
      shows that the current conceptual approach leads much too often to unsatisfactory results.
      Taxation rules should be examined for State aid purposes under the light of their different
      nature and of their own constitutional and syste
      PubDate: Thu, 18 Sep 2014 10:12:09 +010
  • Twenty Years of Icelandic State Aid Enforcement
    • Abstract: Economic Liberalisation that ended in the Acquisition of an Entire Economy by the State At the occasion of the twentieth anniversary of the enactment of the EEA Agreement, this
      article reviews the State aid enforcement against Iceland established by its legal regime.
      The main State aid enforcement events are closely linked with the main events of the political
      and economic history of Iceland during the same period. In a narrative style, the article
      PubDate: Thu, 18 Sep 2014 10:10:25 +010
  • Tensions Between Social Housing and EU Market Regulations
    • Abstract: EU regulations have led to jurisprudence regarding the provision of social housing in several
      Member States. A number of authors have stressed that this has led to tensions between
      (national) housing policies and EU regulations. However, the analysis of the available cases
      in this contribution points out that these tensions must not be exaggerated. I. Introduction
      Although the European Union recognises the concern
      of governments for adequate housing, there is
      PubDate: Thu, 18 Sep 2014 10:08:17 +010
  • Fleet Reduction in Rescue and Restructuring Aid to Airlines: A Critical
    • Abstract: Despite the liberalization of the air transport sector, State aid to ailing airlines remains an
      ever-present part of the industry. In order to somehow mitigate the distortion of competition
      caused by such aid, certain compensations are required which predominately take the form
      of fleet reduction and subsequent capacity reduction. This paper provides a critical analysis
      of these measures from the standpoint of the principles of Social Market Economy upon
      which the Eur
      PubDate: Thu, 18 Sep 2014 10:03:36 +010
  • EU State Aid Rules – The Need for Substantive Reform
    • Abstract: Substantive State aid law has a number of weaknesses. One is that a State suffers no sanction
      when it pays an illegal aid, because competitors find it hard to claimcompensation. There are
      questions about how much of an illegal aid should be repaid, and about when tax measures
      can be aid. If a measure is selective, it is automatically assumed that competition is distorted.
      The Commission should act only against significant distortions of competition, and should
      PubDate: Thu, 18 Sep 2014 10:01:54 +010
  • A Missed Opportunity? State aid Modernization and Effective Third
           Parties Rights in State aid ...
    • Abstract: State aid procedure – in particular the limited participation of third parties in Commission
      investigations – has been the subject of intense scrutiny and controversy in the last decade.
      Despite the progressive emergence of principles in the European Courts case law and the
      adoption of the Procedural Regulation in 1999, the procedural regime is still not perceived
      as fulfilling the objectives of transparency and efficiency. While the new Procedural Regulation
      PubDate: Thu, 18 Sep 2014 10:00:39 +010
  • Football and State Aid: Really the Greatest Pastime in the World?
    • Abstract: State Aid Scrutiny beyond the Limits of Reason? Driven by European case-law and Commission practice, State Aid law in recent years has
      captured more and more topics, going far beyond the original aim of preventing business
      activities from distortion of competition, among which professional Football. Due to the increasing
      commercialization of this sport, State aid control has focused with particular intensity
      on this sector. Often, the peculiarities
      PubDate: Thu, 18 Sep 2014 09:59:25 +010
  • Are National Courts Becoming an Extension of the Commission?
    • Abstract: C-284/12, Deutsche Lufthansa v Flughafen Frankfurt-Hahn I. Introduction
      Article 108(3) TFEU requires Member States to notify
      all new aid to the European Commission for authorisation.
      As long as the Commission carries out
      its assessment of the measure, Member States may
      not implement the aid. This obligation, of course, applies
      only to public measures that contain State aid.
      It follows that if a measure does not contain State
      PubDate: Thu, 18 Sep 2014 09:57:16 +010
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