Directory of EC Case Law on State Aid, Second Edition
International Competition Law Series Volume 37
Directory of EC Case Law on State Aids, which follows the same proven format as the previous edition, updates its pre-eminent analysis of case law with hundreds of new decisions by the EU courts, and remains the quickest source of reference for practitioners working with EU State aid matters. Since the first edition of this immensely useful book – which coincided with the start of the global financial crisis in 2008 – there have been numerous high-profile cases on State aid. This new edition, following a highly organized sequence of subject headings, presents extracts from all judgments and orders of both the Court of Justice and the General Court of the EU on the TFEU rules on State aids (Articles 107–109).
What’s in this book:
With this book, practitioners will quickly find relevant paragraphs and full citations regarding all issues raised by Articles 107–109 TFEU, including the following and much more:
- territorial scope of State aids;
- Article 107(1) EC and WTO Agreements;
- conditions for categorizing a national measure as State aid;
- free movement of goods;
- private versus public investment;
- justification of selective measures;
- interstate trade and competition;
- the Altmark conditions for public service aid;
- restructuring aids;
- procedural aspects;
- locus standi of trade associations; and
- existing aids and new aids.
Each subject heading begins with extracts having a more general meaning, followed by extracts relating to specific points or situations. Under each extract or summary, the judgments and orders are referred to by case number in ascending order. The book covers all the case law of both courts until the end of 2015. In many areas, the extracts of this book relate to points of the judgments which are not, or only partially covered in official summaries.
How this will help you:
The importance of State aid still continues to be a major issue for competition lawyers several years after the start of the global financial crisis. Although there are a number of major works on State aid, this book is distinguished by its commentary on case law of both the Court of Justice and the General Court of the EU on State aids. There have been numerous high-profile cases since the first edition, creating an opportunity for this second edition with significant updating to at least seven chapters. As a comprehensive, authoritative and up-to-date guide to case law in a key area of EU competition law, this book has no peers. As with the first edition, this book is indispensable to practitioners in the field of EU State aid law.
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1. Article 87 EC: Aims and Scope.
2. The Prohibition of Article 87(1) EC.
3. Concept of State Aid.
4. Advantages for Undertakings.
5. The Test of a Private Operator in a Market Economy.
6. Requirement of Selectivity.
7. Aid Granted by the State or through State Resources.
8. Intra-Community Trade and Competition.
9. Taxes for the Financing of State Aids.
10. Forms of State Aid.
11. Aid for the Financing of Public Services.
12. Compatible State Aids (Article 87(2) and (3) EC).
13. Guidelines of the Commission.
14. Supervision of State Aids (Article 88 EC).
15. Existing Aids and New Aids.
16. Aid Schemes.
17. Notification of Aid Plans.
18. The Preliminary Investigation Procedure.
19. The Formal Investigation Procedure.
20. Unlawful Aid.
21. Recovery of Incompatible Aid.
22. Statement of Reasons of State Aid Decisions.
23. Proceedings Brought by the Commission against a Member State.
24. Judicial Protection: General Issues.
25. Judicial Protection of Competitors.
26. Complaints on State Aid.
27. Derogations by the Council from Article 87 EC.
1. Articles 87 to 89 EC.
2. Council Regulation (EC) No 659/1999 of 22 March 1999 Laying Down Detailed Rules for the Application of Article 88 of the EC Treaty.