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EStAL - European State Aid Law Quarterly    [6 followers]  Follow    
  Full-text available via subscription Subscription journal
     ISSN (Print) 1619-5272
     Published by Lexxion Verlagsgesellschaft Homepage  [12 journals]
  • Looking Back to the ERA Conference “One Year of Application of the
           New Package for Services ...
    • Abstract: Trier, 14-15 March 2013 In the 2003 Altmark judgment, the European Court
      of Justice outlined four conditions under which public
      service compensation is not considered to be State
      aid.1 In order to bring clarity as well as to regain
      power, the European Commission adopted in 2005 a
      package of measures on compatible State aid under
      Article 106(2) TFEU (known as the ‘Altmark Package’
      or ‘Monti-Kroes Package’). On 20 December 2011, after
      PubDate: Tue, 26 Nov 2013 12:55:02 +010
  • One Year into the State Aid Modernisation Initiative
    • Abstract: Proceedings of the 11th EStALI Experts’ Forum, Brussels, 6-7 June 2013 Set in the beautiful premises of the De Warande club,
      the 2013 EStALI Expert Forum proved, once again,
      up to its outstanding reputation in the State aid community.
      The workshop which took place on the first day
      was the opportunity of intensive debates. With major
      Member States’ renewable energy subventions
      systems under investigation by the Commission,
      discussions on State aid
      PubDate: Tue, 26 Nov 2013 12:53:16 +010
  • Book Reviews
    • Abstract: Münchener Kommentar – Europäisches und Deutsches Wettbewerbsrecht
      (Kartellrecht) – Band 3 Beihilfen- und Vergaberecht
      Munich commentary – European and German Competition Law
      (Antitrust Law) – Third Volume: State Aid and Public Procurement Law
      Edited by Günter Hirsch, Frank Montag, Franz Jürgen Säcker
      C.H. Beck (Munich) 2011, ISBN 978 3 406 55914 3, XLI, 2348 pp. 378,00 € Das Be
      PubDate: Tue, 26 Nov 2013 12:50:35 +010
  • Hurtigruten
    • Abstract: Application for the annulment of ESA Decision 205/11/COL of 29 June 2011 on the Supplementary Agreement
      on the Maritime Transport Service offered by Hurtigruten.
      Judgment of the Court dated 8 October 2012:
      1. Annexes submitted exclusively in a language other than English are inadmissible, unless the document that
      refers to it contains at least an extract in English. (§§ 68 – 70)
      2. A party may offer further evidence in reply or rejoinder, but must give reasons for
      PubDate: Tue, 26 Nov 2013 12:44:52 +010
  • Cantiere navale De Poli
    • Abstract: Appeals seeking partial setting aside of two judgment of the General Court from 3 February 2011 in Cases
      T-584/08, Cantiere navale De Poli v Commission and T-3/09, Italy v Commission, rejecting Italy’s and the Company’s
      actions for the annulment of Commission Decision 2010/38/CE of 21 October 2008 concerning State aid
      C 20/08 (ex N 62/08) that Italy intends to implement by modifying the regime 59/04, a temporary defensive
      mechanism for shipbuilding (JO 2010 L 17/50).
      PubDate: Tue, 26 Nov 2013 12:44:02 +010
  • Rousse
    • Abstract: Appeal seeking partial annulment of Commission Decision 2012/706/EU of 13 July 2011, regarding State
      aid SA.28903 (C 12/2010) (ex N 389/2009) implemented by Bulgaria in favour of Rousse Industry (JO 2012 L
      Judgment of the General Court (Fourth Chamber) of 20 March 2013:
      1. On scope of the aid element: Where a private company is debtor to the State and fails for a prolonged period of
      time to comply with deadlines for reimbursement of its debt, inaction by the
      PubDate: Tue, 26 Nov 2013 12:42:00 +010
  • Fedecom
    • Abstract: Action for annulment of Commission Decision C(2009) 203 final of 28 January 2009, on the ‘contingency plans’
      in the fruit and vegetable sector implemented by the French Republic.
      Two Judgments of the General Court (Sixth Chamber) of 27 September 2012:
      1. The scope of the duty to state reasons depends on the nature of the act in question and the context in which it
      was adopted. The statement of reasons must disclose in a clear and unequivocal fashion the reasoning follo
      PubDate: Tue, 26 Nov 2013 12:40:10 +010
  • Leipzig-Halle
    • Abstract: Appeal under Article 56 of the Statute of the Court of Justice of the European Union, seeking partial setting
      aside of the judgment in joined cases T-443/08 and T-455/08 on measures by Germany to assist DHL and Leipzig
      Halle Airport for the purposes of the construction of a new runway and related airport infrastructure.
      Judgment of the Court of Justice (Eighth Chamber) of 19 December 2012:
      1. Examination of competences conferred upon the Commission under Article 108 TFEU [ex
      PubDate: Tue, 26 Nov 2013 12:34:10 +010
  • State Aid and Intellectual Property in Contract Research and
           R&D&I Collaboration
    • Abstract: The subject of this contribution is the treatment of intellectual property rights in research
      cooperation agreements. The risks affecting private commercial undertakings and public
      research organisations (universities and non-university research institutes) participating in
      such research and the options available to them are examined in the light of European State
      aid law. The analysis concentrates primarily on contract research but also deals to some
      extent with rese
      PubDate: Tue, 26 Nov 2013 12:29:09 +010
  • New Guidelines on Regional Aid – Is the Party Over for Large
           Investment Projects?
    • Abstract: I. Introduction
      The European Commission (“Commission”) has recently
      completed the review process of its guidelines
      on how Member States can grant investment aid to
      companies in order to support the development of disadvantaged
      regions in Europe (“RAG 2013”).1 The new
      guidelines will enter into force on 1 July 2014,2 and
      are part of a broader strategy to modernise State aid
      control (State aid Modernisation initiative, “SAM”).3
      Among the maj
      PubDate: Tue, 26 Nov 2013 12:28:02 +010
  • To What Effect? The Overhaul of the Regional Aid Guidelines –
           The Demise of Competition ...
    • PubDate: Tue, 26 Nov 2013 12:26:44 +010
  • Does State Aid Create Jobs? The Short and Mid-Term Employment Effects
           of Subsidies
    • Abstract: This article looks at the aggregate effect of subsidies to Belgian firms on their levels of employment.
      It appears that firms receiving high subsidies experience a significantly higher
      increase in employment (FTE) than firms not receiving subsidies. This effect becomes visible
      about two years after the subsidies have been granted. This result sheds a more positive light
      on the employment effects of State aid than most of the previous studies focusing solely on
      aid mea
      PubDate: Tue, 26 Nov 2013 12:25:20 +010
  • Restructuring Aid Granted Prior to the Accession of a Member State to the
           EU: “Existing ...
    • Abstract: Opinion on Decision of the Court of Justice of the European Union of 29 November 2012 in
      Case 262/11 Kremikovtzi AD v the Minister of the Economy, Energy and Tourism and the
      Deputy Minister of the Economy, Energy and Tourism.
      I. Introduction
      In Decision C-262/111 the Court of Justice of the
      European Union (“ECJ” or the “Court”) considered
      that restructuring measures implemented prior the
      accession of a Member State to the European Union
      PubDate: Tue, 26 Nov 2013 12:23:55 +010
  • Effet Utile Taken to Extremes: Does an Opening Decision Already Trigger
           the “Stand-Still ...
    • Abstract: I. Introduction
      In his recent opinion1 Advocate General Mengozzi
      addressed an issue which is of pivotal importance for
      many aid recipients, namely the question whether a
      decision to open a formal investigation (Article 108(2)
      TFEU, Article 6(1) of Reg. 659/1999) can have legally
      binding effect on national courts. Under Article 267
      TFEU a German Court had asked the question whether
      an “uncontested decision of the Commission to initiate
      a formal inves
      PubDate: Tue, 26 Nov 2013 12:22:38 +010
  • News from the Member States
    • Abstract:
      Croatia Tatjana Jakovljevic
      Finland Heidi Merikalla-Teir, Ilkka Aalto-Setälä and Eeva-Riitta MäkeläPoland Poland Przemyslaw Kamil Rosiak and Katarzyna Bozekowska-Zawisza Slovakia Peter Hodal Slovenia Janez Ahlin Sweden
      PubDate: Tue, 26 Nov 2013 12:20:45 +010
  • Sometimes Partial is Better than Total
    • Abstract: This Quarterly addresses a European readership. This is why – at first glance at least – it is
      rather inappropriate to dwell on a subject-matter that concerns merely one of the 28 EU, respectively
      31 EEA jurisdictions. This impression gets even stronger if the author of the editorial
      stems from exactly this jurisdiction. This is just to show that I am well aware of this breach of
      good conduct, but have, in the light of the overall balancing of the latter against my person
      PubDate: Tue, 26 Nov 2013 12:06:15 +010
  • Book Reviews
    • Abstract: Structure and Effects in EU Competition Law, Studies on Exclusionary
      Conduct and State Aid
      Edited by Jürgen Basedow and Wolfgang Wurmnest
      Kluwer Law International, The Netherlands, 2011, ISBN: 9041131744,
      368 pp., $155,– (approx. €117,–) VO (EG) 1370/2007– Kommentar: Verordnung über
      öffentliche Personenverkehrsdienste auf Schiene und Straße Regulation (EC) No 1370/2007 –
      PubDate: Thu, 05 Sep 2013 11:46:46 +010
  • Reassur
    • Abstract: On 10 May 2011, the EFTA Court issued its judgment
      in three joined cases concerning the special tax rules
      of Liechtenstein applicable to captive insurance companies.
      Under the Liechtenstein Tax Act, such companies
      were allowed a reduction of capital tax and
      an exemption from coupon and business income tax.
      The Court upheld the decision of the EFTA Surveillance
      Authority (ESA), concluding that the tax provisions
      on captive insurance companies constituted
      PubDate: Thu, 05 Sep 2013 11:37:36 +010
  • Television francaise 1 SA (TF1) v Commission of the European Communities
    • Abstract: The current annotation will start with a brief
      analysis of the factual background of the case
      and the commitments made by the French
      national authorities to the Commissions recommendations.
      Then it will proceed with the analysis
      of the legal background of the case, the five pleas
      that were put forward by the applicant and the
      Court of First Instance finding in respect to them.
      Moreover, this part of the annotation will include a
      concise scrutiny of al
      PubDate: Fri, 11 Feb 2011 11:04:32 +010
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