State Aid Law of the European Union

ISBN : 9780198727460

Herwig C. H. Hofmann; Claire Micheau
640 Pages
171 x 246 mm
Pub date
Mar 2016
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Rules controlling State aid and subsidies on the EU and the WTO level can have a decisive influence on both regulatory and distributive decision-making. This field of law has grown exponentially in importance and complexity over the past decades. Rules on State aid and subsidies control are one of the key instruments to ensure that public spending and regulatory measures do not lead to discriminatory distortions of competition. As a consequence, hardly any part of national law is free from review under criteria of State aid and subsidy regulation. In turn, State aid and subsidies law is linked to economic, constitutional, administrative law of the EU and the Member States as well as to public international law. This book brings together leading experts from academia, the judiciary, civil servants from the European Commission, and practising lawyers to provide expert opinion and commentary on the diverse dimensions of the complex and vital area of law. Critically analysing and explaining developments and current approaches in State aid law and subsidies, the chapters take into account not only the legal dimensions but also the economic and political implications. They address the EU law applicable to State aid in the aftermath of the recent State Modernisation reform, and coverage includes: an in-depth analysis of the notion of State aid as interpreted by the Court's cases-law and the Commission's practice; the rules on compatibility of State aid with the internal market; the rules governing the procedure before the Commission; the litigation before the Court of Justice of the European Union; and analysis of the other trade defence instruments, including WTO subsidy law and EU anti-subsidy law.


Part I: Rationales for State Aid Rules
1 Herwig Hofmann: Activity in a Multi-level System: Motivations for Aid, Why Control It, Evolution of Aid in the EU
2 Raj Chari: Evolution of Aid in the EU: Classifying Different Types of Countries, and the Financial and Economic Crisis
3 Claire Micheau: Evolution of State Aid Rules: Conceptions, Challenges, and Outcomes

Part II: The Notion of State Aid
1 Erika Szyszczak: Criterion of State Origin
2 Wolf Sauter: The Notion of Undertaking
3 Aindrias O Caoimh and Wolf Sauter: Criterion of Advantage
4 Robert Cisotta: Criterion of Selectivity
5 Erika Szyszczak: Distortion of Competition and Effect on Trade Between EU Member States
6 Christopher Bovis: Public Procurement and State Aid
7 Katerina Pantazatou: European Structural, Investment Funds, and State Aid Control

Part III: Compatibility Rules on State Aid
1 Tim Maxian Rusche: General Theory on Compatibility of State Aid
2 Massimo Orzan: De Jure Compatible Aid under Article 107 (2) TFEU
3 Ramona Ianus and Massimo Orzan: Aid Subject to a Discretionary Assessment under Article 107 (3) TFEU
4 Tim Maxian Rusche: Rescue and Restructuring Aid
5 Tim Maxian Rusche: Transport Aid (Article 93 TFEU)
6 Ramona Ianus: Aid Deemed to be Compatible with the Internal Market: The General Block Exemption Regulation (GBER)

Part IV: Procedures before the Commission
1 Leigh Hancher: The Administrative Procedure - the Privileged Dialogue
2 Leigh Hancher, Francesco Maria Salerno, and Michael Schuette: The Different Stages in the State Aid Procedure
3 Bucura Catalina Mihaescu: Recovery of Unlawful Aid and the Role of the National Courts

Part V: Judicial Review Before the Court of Justice of the European Union
1 Hanns Peter Nehl and Viktor Kreuschitz: Introduction: EU State Aid Litigation in a Quasi-Federal System
2 Hanns Peter Nehl: Direct Actions and Judicial Review before the Union Courts
3 Viktor Kreuschitz: Decentralized Judicial Review and Enforcement of EU State Aid Rules

Part VI: Global Approach of State Aid Law - WTO Law and EU Trade Defence Instruments
1 Luca Rubini: WTO Subsidy Laws: The International Regulation of State Aid
2 Juhi Sud and Edwin Vermulst: Anti-subsidy Law and Practice of the European Union

About the author: 

Herwig C. H. Hofmann is Professor of European and Transnational Public Law at the University of Luxembourg. He researches, teaches, advises, and litigates in European and transnational constitutional, administrative, and regulatory law as well as international economic law. A graduate of the Universities of Hamburg and Oxford, he was previously lecturer in law at Trinity College in Dublin and has been visiting scholar and professor at several universities including Columbia Law School in New York, University of San Francisco Law School, Sciences Po, Paris, and Chuo in Tokyo, and is on the boards of several academic journals. ; Claire Micheau is a policy officer at DG Competition (European Commission). She is a regular invited lecturer in several universities, including the University of Luxembourg, University Paris 1 Pantheon-Sorbonne, University of Helsinki, and LUMSA University (Rome). Previously, she held a teaching position in the law departments of Trinity College Dublin and Paris 1 Pantheon-Sorbonne. Claire Micheau has graduated with a Ph.D. (Sorbonne Law School and University of Luxembourg, with Summa Cum Laude; PhD award Prix Solennel de la Chancellerie des Universites de Paris for the best doctoral thesis and Award for Outstanding PhD Thesis of the Luxembourgish National Research Fund) and LL.M. at the University of Cologne. She is also qualified as an attorney at the Paris Bar. She has published various books and articles in the areas of EU law, WTO law, State aid law, and tax law.

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