State Aid Law of the European Union

EC state aid laws have changed

State aid laws in the EC have undergone significant developments over the past few years as part of the State Aid Action Plan. State Aid Law of the European Union presents a timely analysis of the state aid rules of the EC treaty, the procedural rules, EC court practice and the role of the national courts in light of the recent reforms.

Key points:
* Presents a timely analysis of the state aid rules of the EC treaty, the procedural rules, EC court practice and the role of the national courts in light of the recent reforms.
* Covers all the relevant issues with regard to Article 87 of the European Community Treaty and other relevant State aid articles.
* Goes through the basic principles and procedural rules to ensure the fundamentals and parameters of the law are understood.
* Provides a detailed examination of the relationship between EC-treaty rules on State aid and other rules on the treaty.
* Explains how the various block exemptions, horizontal or sectorial guidelines and notices apply.
* Looks at how to act when the right to aid has been challenged.
* Goes through how to question the aid received by competitors.
* Serve as a useful, comprehensive handbook for government officials or regional and municipal authorities.
* Describes the processes involved in recovering aid.
* Covers the role of the courts in State aid matters.
* Offers practical examples of how to calculate procedural time limits and aid intensities.
* Features detailed references to cases and legislation

Contents:
The EU's Basic Rules on State Aid:
* The prohibition of State aid in art.87(1) of the EC Treaty.
* Different kinds of aid.
* Article 87 in more detail.
* Exceptions in art.87(2).
* Exceptions in art.87(3).
* The Commission's exercise of its powers under art.87.
* The possibility for exceptions to the prohibitions of State aid in art.87(1) adopted by the Council.
* The Council's powers under art.89 to make appropriate regulations for the application of arts 87 and 88.
* The scope of application of the State aid rules

The Administrative Procedure in State Aid Cases:
* Notification and procedure.
* Article 88 of the EC Treaty on notification.
* Regulation (EC) No.659/1999 on procedural rules.
* Transparency Directive.
* Commission communication on the application of arts 87 and 88 of the EC Treaty and of art.5 of the Transparency Directive to public undertakings in the manufacturing sector.
* The Regulation on horizontal State aid

Horizontal Aid:
* The De Minimis Regulation.
* Introduction to the General Block exemption Regulation (GBER).
* Environmental aid. Aid for research, development and innovation.
* Aid for rescuing and restructuring firms.
* Regional aid.
* Risk capital investments in small and medium-sized enterprises.
* State aid and tax.
* State guarantees and other financial instruments.
* Privatisation

Sectoral Aid:
* Coal and Steel.
* Shipbuilding.
* Synthetic fibre (textiles) and motor vehicles. Air transport. Maritime transport.
* Export aid.
* Export credit insurance and State aid.
* Deprived urban areas.
* The electricity sector.
* Aid for transport by rail, road and inland waterway.
* Agriculture.
* Fisheries.
* Services of general economic interest.
* Radio and television and compensation for public service obligations

Relationship Between the Treaty State Aid Rules, and Between Those Rules and Other Treaty Rules:
* The relationship between art.87 and art.73 on aid to the transport sector.
* The relationship between art.87 and art.76 on the prohibition of fares etc. in respect of transport involving any element of support or protection of one or more particular undertakings or industries.
* The relationship between art.86 and art.73.
* The relationship between the notification requirement in art.88(3) and art.86(2) on compensation for the operation of services of general economic interest.
* The relationship between art.87 and art.86(2) on undertakings with public service obligations.
* The relationship between art.87 and art.36 on aid to agriculture.
* The relationship between art.87 and art.81 on agreements restricting competition, and art.82 on abuse of dominant position.
* The relationship between art.87 and art.28 on quantitative restrictions on imports and all measures having equivalent effect.
* The relationship between art.87 and art.31 on State monopolies of a commercial character.
* The relationship between art.87 and art.90 on discriminatory internal taxes and art.25 on customs duties on imports and exports and charges having equivalent effect

Selected Topics:
* On the legal nature of the Commission's framework provisions, guidelines, notices and letters on State aid.
* State aid and mergers of undertakings.
* Market economy investor principle.
* Cross-subsidisation.
* Cumulation of aid.
* Aid ceilings, aid intensity and grant equivalent.
* Preferential energy tariffs

Repayment of State Aid:
* What must be repaid?
* Calculation of interest.
* Who must carry out the Commission's decision on repayment and under what rules?
* Who must repay?
* Protection of legitimate expectations.
* Repayment which is de facto impossible.
* Non-compliance with a decision to recover State aid

Judicial Protection in State Aid Cases:
* Control by the Community courts.
* Control by the national courts