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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: 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
  • The procedural effect of the judgment annulling a Commission decision on
           State Aid
    • Abstract: Annotation on the Judgments of the Court of Justice of 7th of November 2013 in Case C-560/12 P Wam Industriale SpA v Commission and Case C- 587/12 P Italian Republic v European Commission I. The Issues of the Proceedings and
      their Background
      Althoughthe judgments inquestionrelate to two separate
      proceedings brought before the Court of Justice
      of the European Union1 - one by the companyWam
      SpA, who was beneficiary of an unlawful S
      PubDate: Tue, 02 Dec 2014 15:55:32 +010
  • Testing the Soundness of the Commission’s Practice on State aid to
           the Financial Sector
    • Abstract: Annotation on the Judgment of the Court of Justice of 3rd of April 2014 in C-224/12 P Commission v ING I. Introduction and Background to the
      The ING case was the first judgment of the General
      Court (GC) concerning the Commission’s practice in
      the field of State aid to the financial sector during
      the financial crisis.1 In other words, during a relatively
      long stretch of time (2008-2012), during which
      the Commis
      PubDate: Tue, 02 Dec 2014 15:53:17 +010
  • The Right to Compensation and Regulation 1191/69: A legal dilemma solved
    • Abstract: Annotation on the Judgment of the Court of Justice of the EU of 3rd April
      2014 in Joined Cases C‑516/12 to C‑518/12 CTP - Compagnia Trasporti
      Pubblici SpA v Regione Campania and Provincia di Napoli The Italian Council of State asked the CJEU to interpret Articles 4 and 6 of Regulation 1191/69
      in order to solve a legal dilemma: Should the Articles be interpreted ‘teleologically’ or
      ‘systematically’? The Court opts for a
      PubDate: Tue, 02 Dec 2014 15:51:06 +010
  • It may be zero! CJEU highlights national courts’ authority to review
           and determine amounts of ...
    • Abstract: Annotation on the Judgment of the Court of Justice of 13th of February
      2014 in Case C-69/13 Mediaset SpA v Ministerio dello Sviluppo
      Economico Mediaset III, the judgment in Case C-69/13 on a preliminary ruling request from an Italian
      court, follows the earlier unsuccessful direct appeals by Mediaset before the GC and the
      CJEU of a 2007 Commission decision ordering recovery of incompatible indirect aid granted

      PubDate: Tue, 02 Dec 2014 10:46:06 +010
  • State Aid for Films and Other Audio-Visual Works: The 2013 Cinema
    • Abstract: The audio-visual sector has important cultural and economic significance. The Cinema Communication
      aims to reconcile the conflicting goals of promoting culture, as a nationally defined
      concept and controlling the economic activities related to it, from a State aid and internal
      market perspective.While Europe is good at producing some 1,500 films annually, for
      the most part those films stay on national markets and do not cross borders.1 In 2011, the
      European Commission
      PubDate: Tue, 02 Dec 2014 10:44:22 +010
  • The Newly Adopted Risk Finance State Aid Rules
    • Abstract: Access to finance is one of themost pressing problems of SMEs in Europe. In particular when
      young and small, SMEs lack collateral and a track record, the absence of which means that
      private finance providers rarely consider investing in them. With the objective of better responding
      to the prevailing market failures in access to finance and encouraging Member
      States and private investors to provide on a risk-sharing basis repayable financing at preferential
      PubDate: Tue, 02 Dec 2014 10:42:46 +010
  • New Rules for the Assessment of Notifiable Regional Aid to (Large)
           Investment Projects under ...
    • Abstract: This article discusses the differences introduced by the European Commission’s new Guidelines
      on Regional State Aid for 2014-20 and the new rules for notifiable regional aid to large
      investment projects under the new General Block Exemption Regulation.
      Keywords: GBER; Compatibility of Aid; Large Scale Investment; Regional Aid.
      I. Introduction
      In June 2013 the European Commission adopted its
      Guidelines on regional State aid for 2014-20201
      (‘RAG 2
      PubDate: Tue, 02 Dec 2014 10:40:04 +010
  • EU State Aid and Energy Policies as an Instrument of Environmental
           Protection: Current Stage ...
    • Abstract: Climate change, combined with the current financial crisis creates a huge, multi-level and
      multi-faceted problemfor EUMember States. The overall aimof this contribution is to analyse
      the role of the EU Environmental State aid regime in the form of tax reliefs in the energy
      sector, as an effective instrument to promote environmental protection. Accordingly, EU competition
      policy not only represents a very strong system to limit Member State tax powers,
      but also a way t
      PubDate: Tue, 02 Dec 2014 10:34:25 +010
  • The EEAG 2014-2020 and the Remediation of Contaminated Sites
    • Abstract: The article deals with restrictions by EU State aid law on the remediation of contaminated
      sites and the recycling of derelict land. In particular, the State aid guidelines for environmental
      protection, the General Block Exemption Regulation and the de minimis Regulation
      concretise the exception according to Article 107(3)(c) TFEU. All these regulations are part
      of the current State aid modernisation ('SAM') agenda by the European Union announced
      in summer 2013. The a
      PubDate: Tue, 02 Dec 2014 10:32:45 +010
  • A Critical Analysis of Environmental Tax Reductions and Generation
           Adequacy Provisions in the ...
    • Abstract: The new Guidelines on State Aid for Environmental Protection and Energy which were adopted
      on the 9th of April 2014 are broader in scope than the previous Guidelines. This article argues
      that the provisions of the EEAG with respect to reductions of environmental taxes and
      green levies are inadequate in several respects. In particular, they are weak on the necessity
      and proportionality of aid. The article also considers the inclusion of generation adequacy
      objectives i
      PubDate: Tue, 02 Dec 2014 10:30:46 +010
  • Bank State Aid under BRRD and SRM
    • Abstract: I. Introduction
      The agreements on the Bank Recovery and Resolution
      Directive (BRRD) and the Single Resolution
      Mechanism (SRM), the second pillar of banking
      union, weremilestones.1 One of the key objectives is
      to ensure that insolvent banks can be resolved in an
      orderly and uniformmanner in the EUwithout State
      aid. A single resolution board will play the key role
      in ensuring that this process unfolds under a unique
      governance structure, at least for
      PubDate: Tue, 02 Dec 2014 10:28:44 +010
  • News from the Member States
    • Abstract: Belgium ∙ Laura Parret

      Denmark ∙ Charlotte Fornø

      Finland ∙ Ilkka Aalto-Setälä and Eeva-Riitta Siivonen

      France ∙ Nicole Coutrelis and Thomas Gourdeau

      France ∙ Nicole Coutrelis and Sandra Caussanel

      Romania ∙ Anca Jurcovan and Andreea Oprisan

      Slovakia ∙ Peter Hodal

      Sweden ∙ Ida Otken Eriksson
      PubDate: Tue, 02 Dec 2014 10:26:14 +010
  • Where is State Aid Law heading to?
    • Abstract: State aid law has become an all-purpose tool to camouflage policy-making.
      Its application is neither limited to certain sectors, nor to harmonised or non-harmonised
      areas. The new Guidelines on State aid for environmental protection and energy 2014–20201
      for example are guidelines in the true sense of the word and surely more than a transparent
      description of the Commission’s State aid policy. They are pointing the way ahead for the EU’s
      renewable energy regulat
      PubDate: Tue, 02 Dec 2014 10:13:29 +010
  • 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
  • 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
  • News from the Member States
    • Abstract: Croatia ∙ Tatjana Jakovljević Hungary ∙ Anikó Keller Poland ∙ Przemyslaw Kamil Rosiak and Katarzyna Bożekowska-Zawisza Portugal ∙ Sofia Oliveira Pais Romania ∙ Anca Jurcovan Spain ∙ Jose Manuel Panero Rivas
      PubDate: Thu, 18 Sep 2014 09:44:44 +010
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