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EStAL - European State Aid Law Quarterly

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Full-text available via subscription

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ISSN (Print) 1619-5272
Published by Lexxion Verlagsgesellschaft

[12 journals]

Report on the 2012 Autumn Conference of the European State Aid Law Institute
- Abstract: 434 Report on the 2012 Autumn Conference of the European State Aid Law Institute EStAL 2 2013
  Report on the 2012 Autumn Conference
  of the European State Aid Law Institute
  Jonas Lybech Jensen*
  The EStALI Autumn Conference was organised in cooperation with the Faculty of Law of Copenhagen
  University and took place on 30 November 2012 in the beautiful Alexander Hall situated
  in the Danish capital’s city centre.
  I. Introduction
  As Andreas Bartosch stated dur
  PubDate: Thu, 16 May 2013 11:29:42 +010
Book Reviews
- Abstract: Das EU-Beihilferecht – Die Anwendung des EU-Beihilferechts in der Finanzkrise unter juristischökonomischer Betrachtung für die Kreditinstitute
  EU State Aid Law – The Application of EU State Aid Law in the Financial
  Crisis from a Legal-Economic Perspective for Credit Institutions
  By Oliver Michaelis Verlag Dr. Kovacˇ Hamburg 2011, ISBN: 978-3-8300-5498-6, 720 pp., € 138,– Research Handbook on European State Aid Law
  PubDate: Thu, 16 May 2013 11:28:09 +010
SES Astra
- Abstract: On 16 July 2012, the Spanish Supreme Court delivered
  judgment 4955/20121 which reflects the ex officio
  obligation of all national courts to assess and
  grant the most suitable interim measures to safeguard
  the individual rights of all interested parties,
  even when illegal aid has already been paid out and
  the projects for which State aid was awarded have
  been completely executed. This was the case with
  the implementation of the necessary measures for
  PubDate: Thu, 16 May 2013 11:21:12 +010
Budapest Erőmű Zrt
- Abstract: The setting of this case is located in the highly regulated
  energy sector of Hungary, in which most of
  the State aid relevant actions took place long before
  Hungary’s accession to the European Union.
  Inter alia, the case raises complex questions about
  the relevant time of assessment, especially with regard
  to pre-accession measures and therefore also to
  the correct interpretation of Annex IV to the 2004
  Act on Accession, as well as the definition of i
  PubDate: Thu, 16 May 2013 11:18:25 +010
BNP Paribas
- Abstract: The Court of Justice of the EU (“ECJ” or “Court”),
  following an established tradition1, has set aside yet
  another judgment of the General Court in relation to
  material selectivity of tax measures. In the case at
  hand, the judgment concerned a system of fiscal neutrality
  for the transfers of assets between companies
  put in place by the Italian legislator and a subsequent
  “tax realignment” mechanism to adjust the tax value
  of the assets to the
  PubDate: Thu, 16 May 2013 11:15:54 +010
British Aggregates
- Abstract: The case at issue is the General Court renvoi from the
  European Court of Justice (‘ECJ’) British Aggregates
  case of 2009.1 This case is the final answer of the
  European Courts to the British Aggregates ‘saga’. The
  2006 General Court case has raised much criticism,
  especially because of the erroneous interpretation of
  the concept of material selectivity for eco-tax levies.2
  The judgment was appealed to the ECJ which annulled
  the General Court jud
  PubDate: Thu, 16 May 2013 11:09:53 +010
FagorBrandt
- Abstract: The judgement of the General Court in the
  FagorBrandt case1, 2 (the “Judgement”) relates to the
  application for annulment of the European Commission
  (the “Commission”) State aid Decision declaring
  the compatibility of the restructuring aid of €31 million
  by France to FagorBrandt subject to conditions
  (the “Decision”).3 The General Court quashed the Decision
  on the grounds that the Commission committed
  a manifest error when assessing the co
  PubDate: Thu, 16 May 2013 11:06:42 +010
State Aid and Supply-Side Geographic Market Definition
- Abstract: I. Introduction
  The European Commission launched a major initiative
  to modernize State aid control,1 and has recently
  issued draft guidelines on regional State aid for 2014-
  2020 (“Draft Regional Aid Guidelines”).2 The related
  communication stated “An effective internal market
  requires deployment of . . . competition policy including
  State aid control to ensure that the functioning of
  that internal market is not distorted by anticompetitive
  beha
  PubDate: Thu, 16 May 2013 11:01:20 +010
Public Undertakings and Imputability – The Case of DSBFirst
- Abstract: In this article, the issue of impuability to the State of public undertakings’ decision-making is
  analysed and discussed in the context of the DSBFirst case. DSBFirst is owned by the independent
  public undertaking DSB and the private undertaking FirstGroup plc and won the contracts in
  the 2008 Oeresund tender for the provision of passenger transport by railway. From the start,
  the services were provided at a loss, and in the end a part of DSBFirst was wound up. In order
  PubDate: Thu, 16 May 2013 11:00:01 +010
State Aid Policy in the EU Member States
- Abstract: It’s a Different Game They Play The European Union is almost the only international organisation with a system of State
  aid control. The main reasons for the existence of this system are ensuring a level playing
  field within the EU internal market, avoiding subsidy races between EU Member States and
  preserving economic and social welfare. Despite this EU system of control and a WTO agreement
  documenting a wider international consensus to limit State aid, large am
  PubDate: Thu, 16 May 2013 10:58:27 +010
The WTO Airbus Dispute: Findings of the Panel and of the Appellate Body
- Abstract: I. Introduction
  This article outlines the legal findings rendered by
  the panel and by the Appellate Body (AB) in the
  WTO Airbus dispute.1 The US launched this case to
  probe the WTO-consistency of a number of subsidies
  allegedly bestowed by the EU and four of its Member
  States – France, Germany, Spain and the United
  Kingdom – to Airbus, the European manufacturer
  of large civil aircrafts (LCA). Due to the breath of
  the US challenge and to the fact-i
  PubDate: Thu, 16 May 2013 10:55:08 +010
Observations on the Financial Crisis in Ireland and the Use of the State Aid Rules by the EU ...
- Abstract: I. Introduction
  This paper looks at the State Aid regime put in place
  by the EU Commission over a relatively short period
  in late 2008 and 2009 to respond to the initial and
  most virulent phase of the global financial crisis, at
  how those rules were applied to financial institutions
  across the EU, and in particular to Irish banks
  where the impact of the crisis has been most keenly
  felt. It commences with a review of the causes of the
  crisis. One of th
  PubDate: Thu, 16 May 2013 10:53:56 +010
Overview of the Case Law in State Aid Matters: June 2011 to June 2012
- Abstract: I. Introduction
  There is something paradoxical about State aid in
  times of economic crisis. On the one hand, it is understandable
  that Member States of the European Union
  seek to help companies in distress and combat rising
  unemployment. On the other hand, Member States
  need to control public expenditure in order to avoid
  further deterioration of their economies and granting
  State aid can make things even worse. A coordinated
  and targeted approach by
  PubDate: Thu, 16 May 2013 10:51:30 +010
Taxes, the Cost of Capital and the Private Investor Principle
- Abstract: I. Introduction
  The Court of Justice recently addressed the question
  whether the State can convert an amount of tax owed
  by company into equity for that company. This possibility
  raises a bigger question: can the State can act
  as a private investor by using fiscal resources which,
  by their very nature, are not available to private investors?
  The answers of the Court of Justice to both questions
  were in the affirmative. In the EDF case, the
  Court uphel
  PubDate: Thu, 16 May 2013 10:48:52 +010
News from the Member States
- Abstract:
  France Nicole Coutrelis and Sandra Caussanel Germany Christoph Arhold Hungary Aniko Keller Italy Sara Gobbato
  PubDate: Thu, 16 May 2013 10:45:32 +010
Blurring at Black and White
- Abstract: EStAL 2 2013 Editorial 233
  In early May last year the Commission published a short document on what has since become
  known as the SAM, the State Aid Modernization plan. For the many who had expected more
  substance to be put into it, these few pages were somewhat disappointing at the time. Almost
  one year later, Member States and stakeholders have been provided with a lot more, i.e. proposals
  for new Enabling as well as Procedural Regulations, various issue papers on dive
  PubDate: Thu, 16 May 2013 10:37:11 +010
News from the Member States
- Abstract:
  Austria Birgit Haslinger Belgium Cédric Kaczmarek Bulgaria Iveta Stoycheva and Mariya Papazova Croatia Tatjana Jakovljević Cyprus Michalis Kamperis Finland Ilkka Aalto-Setälä and Heidi Merikalla-Teir
  PubDate: Wed, 20 Feb 2013 10:55:28 +010
Legal Requirements for the Sale of Land by Public Authorities free of State Aid
- Abstract: I. Introduction
  In its recent judgment in C-239/09 regarding a preliminary
  ruling under Article 267 TFEU (formerly
  Article 234 EC) the ECJ held that national calculation
  methods for determining the value of land to
  be sold by public authorities allow a sale free of
  State aid if these methods provide for a timely
  update of prices in order to reflect sharply rising
  prices when calculating the market value of publicly
  owned land. Apart from this guidance
  PubDate: Wed, 17 Aug 2011 15:19:14 +010
Commission v Scott – How much freedom for the Commission in “Complex Economic Assessment” ...
- Abstract: On 2 September 2010 the Court of Justice delivered
  its judgment in the case C-290/07 P – Commission v
  Scott (the “Judgment”).
  The Judgment constitutes the most recent
  episode in a long saga of litigation before the European
  Courts.1 It sets aside a ruling of the General
  Court2 which quashed a decision of the European
  Commission (“Commission”)3 declaring the sale of
  a parcel of land by a French local authority to the
  paper manufacturer Scott
  PubDate: Fri, 11 Feb 2011 11:03:04 +010