Directory of EU Case Law on State Aids

Name: Directory of EU Case Law on State Aids
Brand: Kluwer Law International
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René Barents(Autor*in)

Kluwer Law International (Verlag)

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Erschienen am 1. Juni 2016

842 Seiten

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Inhalt

Intro
Halftitle Page
Volume
Title Page
Copyright Page
Table of Contents
Preface
List of Abbreviations
Chapter 1 Article 107(1) TFEU: Aims and Scope
1 Aim of Article 107 TFEU
1.1 Undistorted Competition
1.2 Free Trade between Member States
2 State Aids and the Concepts of Discrimination and Distortion of Competition
2.1 Territorial Scope of State Aids
2.2 Comparison to Other Undertakings in the Same Member State
3 Scope of Article 107(1) TFEU
3.1 Wide Interpretation of Article 107(1) TFEU
3.1.1 Aid in Any Form Whatsoever
3.1.2 Aids and Subsidies
3.1.3 Article 107(1) TFEU and WTO-Agreements
3.1.4 Limits to the Scope of Article 107(1) TFEU
3.2 State Measures
3.2.1 Advantages Granted by Member States
3.2.2 National State Aid Legislation
3.2.3 Concept of a Member State
3.3 Tax Measures
4 Conditions for Categorizing a National Measure as State Aid
4.1 Conditions Required by Article 107(1) TFEU
4.2 Cumulative Character
5 Relation between Article 107 TFEU and Other Treaty Provisions
5.1 General Principles
5.2 Separable and Inseparable Elements of State Aid Measures
5.3 Free Movement of Goods
5.3.1 Articles 28 and 110 TFEU
5.3.2 Articles 34 and 37 TFEU
5.4 Common Agricultural Policy
5.4.1 Scope of Articles 107-109 TFEU
5.4.2 Existence of Common Market Organizations
5.4.3 Regulation 1184/2006
5.5 Competition Rules
5.5.1 Articles 101 and 102 TFEU
5.5.2 Article 106 TFEU
5.6 Property Ownership (Article 345 TFEU)
5.7 Internal Security (Article 346 TFEU)
5.8 Other Treaty Articles
5.9 General Principles of Union Law
Chapter 2 The Prohibition of Article 107(1) TFEU
1 Nature and Effect of Article 107(1) TFEU
1.1 Prohibition of Incompatible Aid
1.2 Absence of Direct Effect
2 Application of Article 107(1) TFEU by the Commission
2.1 Supervisory Task of the Commission
2.2 Powers of the Commission
2.3 Discretion of the Commission
2.4 Burden of Proof
3 Court Review of the Application of Article 107(1) TFEU
3.1 Comprehensive Review
3.2 Limited Review
3.3 Evidence
3.4 Moment of the Assessment
4 Member States and Article 107(1) TFEU
5 National Courts and Article 107(1) TFEU
Chapter 3 Concept of State Aid
1 Objective Nature of the Concept of State Aid
2 Economic Effects of State Aid
2.1 Effects on Competition
2.2 Irrelevance of Aims and Causes of State Aids
2.2.1 Objectives of State Aids
2.2.2 Economic Objectives
2.2.3 Social Objectives
2.2.4 Environmental and Health Objectives
2.2.5 Existence of Other Illegal State Aids
Chapter 4 Advantages for Undertakings
1 Undertaking
1.1 Economic Activities
1.1.1 Concept
1.1.2 Scope
1.1.3 Shareholding
1.1.4 Public Infrastructure
1.2 Non-economic Activities
2 Beneficiary of the Advantage
2.1 Position of Public Undertakings
2.2 Direct and Indirect Beneficiaries
2.3 Economic Units
3 The Requirement of an Advantage for Undertakings
3.1 Presence or Absence of an Advantage
3.2 Assessment
4 Criteria to Establish an Advantage for Undertakings
4.1 Mitigation of Charges Normally Included in the Undertaking's Budget
4.2 The Criterion of Normal Market Conditions
5 State Measures Not Entailing an Advantage for Undertakings
Chapter 5 The Test of a Private Operator in a Market Economy
1 Concept and Function
1.1 Aim of the Private Investor Test
1.2 Conditions in Which the Private Investor Test Is Satisfied
2 Scope of the Private Investor Test
2.1 The State Acting as a Public Authority
2.2 Differences between Public and Private Investors
2.3 Relevant and Irrelevant Factors for the Private Investor Test
2.4 Assessment by the Commission
2.4.1 Moment of the Assessment
2.4.2 Prior Economic Evaluation
2.4.3 Burden of Proof and Assessment of the Evidence
3 Comparison between Private and Public Investment Conduct
3.1 Direct and Indirect Public Investments
3.2 Context of the Investment
4 The Profile of the Hypothetical Private Investor
4.1 Size and Form of the Investment
4.2 Type and Size of the Private Investor
4.3 The Conduct of an Informed Private Investor
5 Considerations Relevant to the Hypothetical Private Investor
5.1 Long-Term Profitability
5.2 The Criterion of a Return on Investments
5.2.1 Justification
5.2.2 The Use of an Average Return
5.2.3 Analytical Function
5.2.4 Relevant and Irrelevant Factors for the Calculation of the Return on Investments
4.2.5 Temporary Difficulties
6 Position of the Beneficiary of the Public Investment
6.1 Financial Position
6.2 Assessment of the Financial Position
6.3 Restructuring Plan
6.4 Future Privatization
7 Investments Not Satisfying the Private Investor Test
8 The Private Creditor Test
8.1 Concept and Function
8.2 Differences between Private and Public Creditors
8.3 The Conduct of a Hypothetical Private Creditor
9 Privatization of Public Undertakings
10 Court Review
Chapter 6 Requirement of Selectivity
1 Aid Which Is Selective
1.1 Concept
1.1.1 Constitutive Element of State Aid
1.1.2 Relation to Other Elements of State Aid
2 Specific Measures
2.1 Forms of Selectivity
2.2 General Measures
2.3 Tax Measures
2.3.1 General Measures and Differentiations
2.3.2 Disguised Selective Measures
3 Factors Irrelevant for the Application of the Condition of Selectivity
3.1 Objective of the Measure
3.2 Number of Undertakings Involved
3.3 Regulatory Technique
3.4 Measures concerning an Economic Sector
4 Discretionary Application of a General Measure
4.1 Discretionary Power of the Public Authorities
4.2 Tax Facilities and Debt Remissions
5 Selectivity and Infra-State Measures
5.1 Selectivity and the Territorial Scope of Infra-State Measures
5.2 Determination of the Reference Framework
5.3 Exercise of Sufficiently Autonomous Powers
6 Selective Measures as Part of a General System
6.1 Justification by the Nature and Overall Structure of a System
6.1.1 General Principles
6.1.2 Tax Exemptions
6.1.3 Burden of Proof
6.2 No Justification by the Nature and Overall Structure of a System
6.2.1 Objective Criteria to Distinguish the Beneficiaries
6.2.2 Objective of the Measures
Chapter 7 Aid Granted by the State or through State Resources
1 Origin of the Aid
1.1 All Aid Financed from Public Resources
1.2 Risk of Burdens on the State Budget
2 State Resources
2.1 Meaning of State Resources
2.2 Degree of Control over State Resources
2.3 Tax Measures
3 Aid Granted by the State and Aid Granted through State Resources
3.1 Public or Private Bodies Established by the State
3.2 Bodies under Control of the State
3.3 Degree of Autonomy
4 Imputability of Aid to the State
4.1 Meaning of Imputability to the State
4.2 Public Undertakings
4.2.1 Involvement of the State
4.2.2 Criteria
5 Measures Not Financed from State Resources
5.1 Scope of Article 107(1) TFEU
5.2 Purchase Obligations Imposed on Undertakings
5.3 Price Fixing Measures
5.4 Measures of Social Policy
5.5 Financial Measures by the European Union
Chapter 8 Intra-Union Trade and Competition
1 Aid Liable to Affect Trade and to Distort Competition
1.1 Concept
1.2 Relation between Intra-Union Trade and Competition
2 The Effect of Aid on Trade and Competition
2.1 Real or Potential Effect
2.1.1 General Principles
2.1.2 Irrelevance of Damages
2.1.3 Lawful Aid
2.1.4 Unlawful Aid
2.2 Method of Assessment
2.2.1 Contextual Approach
2.2.2 Market Analysis
2.2.3 Foreseeable Effects
2.2.4 Relevant Market
2.2.5 Tax Incidences
3 Economic Effects of State Aid
3.1 Strengthening of the Competitive Position in Intra-Union Trade
3.2 Reduction of Costs
3.3 Degree of Competition
3.4 Overcapacity
4 Involvement in Intra-Union Trade
4.1 Local or Regional Character of Trade
4.2 Potential Effect on Imports and Exports
5 Absence of Quantitative Thresholds
5.1 No De Minimis Rule
5.2 Power of the Commission to Apply De Minimis Rules
Chapter 9 Taxes for the Financing of State Aids
1 Relation between State Aids and Their Financing
1.1 General Principles
1.2 Integral Assessment of State Aids and Their Financing
2 The Concept of Taxes as an Integral Part of the Aid Measure
2.1 The Requirement of a Hypothecation
2.2 Tax Exemptions
3 Consequences of the Applicability of Article 107(1) TFEU
3.1 Obligation to Notify
3.2 Unlawful Taxes
3.3 Unlawful Tax Exemptions and Payment of Taxes
4 Self-financed Aid Measures
Chapter 10 Forms of State Aid
1 Operating Aid
1.1 Concept
1.2 Position under Article 107 TFEU
1.3 Aids Having the Character of Operating Aid
1.3.1 Rescue Aid
1.3.2 Investment Aid
1.3.3 Other Forms of Operating Aid
2 Subsidized Loans and Measures to Reduce Interest Charges
3 Public Guarantees
4 Public Investment in the Capital of Undertakings
5 Exemptions from Taxes and Levies
6 Preferential Tariffs
7 Purchasing Obligations
8 Sale of Land
9 Undertakings Placed under Special Administration
10 Measures Relating to Debts to Public Authorities
11 Other Measures
Chapter 11 Aid for the Financing of Public Services
1 Relation between Article 106(2) TFEU and Articles 107 And 108 TFEU
1.1 Article 106(2) TFEU and the Scope of Articles 107 and 108 TFEU
1.2 Article 106(2) TFEU and the Compatibility of State Aids
1.3 Discretion of the Commission
2 Aid for Public Services Which Is Not Caught by Article 107(1) TFEU
2.1 The Altmark Conditions
2.2 The First Altmark Condition
2.2.1 An Act of Public Authority Imposing the Public-Service Obligation
2.2.2 Discretion of Member States to Define a Service of General Economic Interest
2.2.3 Limits
2.2.4 Public Interest
2.2.5 Concept of Universal Service
2.2.6 Compulsory Nature
2.3 The Second Altmark Condition
2.4 The Third Altmark Condition
2.5 The Fourth Altmark Condition
2.6 Cumulative Character of the Altmark Conditions
Chapter 12 Compatible State Aids (Article 107(2) and (3) TFEU)
1 General Principles
1.1 Derogations from Article 107(1) TFEU
1.2 Narrow Interpretation of Article 107(2) and (3) TFEU
1.3 Article 107(2) and (3) TFEU and Other Provisions of the TFEU
1.4 Burden of Proof
1.5 Duty of the Member States to Cooperate with the Commission
2 Aid Compatible with the Internal Market (Article 107(2) TFEU)
2.1 Aid Having a Social Character Granted to Individual Consumers (Article 107(2)(a) TFEU)
2.2 Aid to Make Good the Damage Caused by Natural Disasters or Exceptional Circumstances (Article 107(2)(b) TFEU)
2.3 Aid in relation to the Division of Germany (Article 107(2)(c) TFEU)
3 Aid Which May Be Considered to Be Compatible with the Internal Market (Article 107(3) TFEU)
3.1 General Principles
3.1.1 Character as a Derogation from Article 107(1) TFEU
3.1.2 Exhaustive Character
3.1.3 Aid Notified and Not Notified
3.1.4 Proportionality Requirement
3.2 Application of Article 107(3) TFEU by the Commission
3.2.1 Exclusive Competence of the Commission
3.2.2 Discretion of the Commission
3.2.3 Assessment in a Union Context
3.2.4 Individual Approach
3.2.5 Court Review
3.2.6 General Criteria for the Assessment of the Compatibility of Aid
3.3 Article 107(3)(a) TFEU: Abnormal Low Standard of Living or Serious Underemployment
3.4 Article 107(3)(b) TFEU: Project of Common European Interest
3.5 Article 107(3)(c) TFEU: Development of Certain Economic Activities or of Certain Economic Areas
4 Regional Aids
4.1 General Conditions
4.2 Union Average and National Average
4.3 Ad Hoc Aid
4.4 Sectoral Impact of Regional Aids
5 Restructuring Aids
5.1 Concept
5.2 Restructuring or Dismantling of a Company in Difficulties
5.3 The Requirement of a Restructuring Plan
5.4 The Viability Test
5.5 The Criterion of Inducement
5.6 Individual Character of Restructuring Plans
5.7 Reduction of Capacity and Related Conditions
5.8 The Amount of Restructuring Aid
6 Other Forms of Aid
6.1 Sectoral Aids
6.2 Operating Aid
6.3 Investment Aid
6.4 Environmental Aid
7 Article 107(3)(E) TFEU: Derogation by the Council
7.1 Scope of Derogating Rules Adopted under Article 107(3)(e) TFEU
7.2 Narrow Interpretation of Derogating Rules Adopted under Article 107(3)(e) TFEU
Chapter 13 Guidelines of the Commission
1 Concept and Legal Character
2 Power of the Commission to Issue and Apply Guidelines
2.1 Issuing of Guidelines
2.2 Application of Guidelines
2.3 Obligation of the Commission to Apply Its Guidelines
3 Rules of Interpretation
4 Court Review
4.1 Review of the Issuing of Guidelines
4.2 Review of the Application of Guidelines
Chapter 14 Supervision of State Aids (Article 108 TFEU)
1 General Features
1.1 Aim of the Procedure of Article 108 TFEU
1.2 Legal Nature of the Procedure under Article 108 TFEU
1.3 Council Regulation 659/1999
2 The Administrative Procedure
2.1 Stages of the Administrative Procedure
2.2 Parties Involved in the Administrative Procedure
2.2.1 Member States
2.2.2 Third Parties
2.2.3 Position of the Recipient of State Aid
2.3 Rights of Defence and Other Principles
3 National Courts
3.1 Division of Competences
3.2 Classification as State Aid
3.3 Compatibility of State Aids
Chapter 15 Existing Aids and New Aids
1 Notion of Existing Aid and New Aid
1.1 Aid Existing before the Entry into Force of the Treaties
1.2 Pre-accession Aids
1.3 Authorized Aid
1.4 Conversion of New Aid into Existing Aid
1.5 Evolution of the Internal Market
1.6 Alterations to Existing Aid
2 The Regime for Existing Aids
2.1 Constant Review
2.2 Incompatibility Ex Nunc
2.3 Powers of the Commission
2.4 Guidelines of the Commission
3 The Classification as Existing Aid or as New Aid
3.1 Classification according to Objective Criteria
3.2 The Decision Opening the Formal Investigation Procedure
3.2.1 Legal Consequences
3.2.2 Provisional Nature of the Classification
3.2.3 Procedural Requirements
4 Misuse of Existing Aid
4.1 Concept
4.2 Powers of the Commission
Chapter 16 Aid Schemes
1 Concept
2 Position under Articles 107 and 108 TFEU
3 Assessment by the Commission
4 Individual Aid Granted on the Basis of Approved Aid Schemes
4.1 Requirement to Notify or Not to Notify
4.2 Compatibility of Individual Aid with an Approved Aid Scheme
4.3 Existing Aid and New Aid
Chapter 17 Notification of Aid Plans
1 Aim and Nature of the Obligation to Notify
1.1 Aim
1.2 Preventive Control of New Aid
2 Notification by the Member State
2.1 Obligation of the Member State
2.2 Concept of Notification by the Member State
2.3 Assessment of the Necessity to Notify Aid
3 Scope of the Obligation to Notify
3.1 All Plans to Grant or to Alter State Aid
3.2 Meaning of Plans to Grant or to Alter Aid
3.3 The Final Version of the Aid Plan
3.4 Method of Financing
3.5 Derogations from the Obligation to Notify
4 Concept of Notification
4.1 Complete Notification
4.2 Requests for Additional Information
5 Consequences of Notification
5.1 Suspension of the Implementation of Aid Plans
5.2 Fixation of the Criteria for the Assessment of the Compatibility of Aid
5.3 The Two-Month Period for the Preliminary Investigation Procedure
Chapter 18 The Preliminary Investigation Procedure
1 Aim
2 Rights and Obligations of Member States and Individuals
2.1 Duty of Loyal Cooperation
2.2 Rights of Individuals
2.2.1 General Principle
2.2.2 No Right to Communication of Documents
2.2.3 No Right to Be Heard
3 Duration of the Preliminary Investigation Procedure
3.1 The Period of Two Months
3.2 Un-notified Aid
3.3 Negotiations during the Preliminary Investigation Procedure
3.4 Delay to Initiate the Formal Investigation Procedure
3.5 Extension of the Two Months' Period
4 Expiry of the Two Months' Period
4.1 Decisions Taken after the Two Months' Period
4.2 Implementation of Notified Aid
4.3 Prior Notice to the Commission
4.4 Objections by the Commission within Fifteen Working Days
4.5 Absence of Prior Notice
5 Result of the Preliminary Investigation Procedure
5.1 Possible Results
5.2 Decisions of the Commission Not to Raise Objections
5.2.1 Conditions
5.2.2 Legal Effect
6 Initiation of the Formal Investigation Procedure
6.1 Obligation to Initiate the Formal Investigation Procedure
6.2 The Criterion of Serious Difficulties
6.2.1 Objective Character
6.2.2 Assessment by the Commission
6.2.3 Burden of Proof
6.2.4 Court Review
6.3 Factors Indicating the Existence of Serious Difficulties
6.4 Factors Indicating the Absence of Serious Difficulties
Chapter 19 The Formal Investigation Procedure
1 General Features
1.1 Aim and Significance
1.2 Scope
1.3 Distinction from the Preliminary Investigation Procedure
1.4 Procedure between the Commission and the Member State
2 The Notice to the Parties Concerned to Submit Their Comments
2.1 Notion of Parties Concerned
2.2 Obligation to Give Notice
2.3 Purpose of the Notice to the Parties Concerned
2.4 Form of the Notice to the Parties Concerned
2.4.1 Communication in the Official Journal
2.4.2 Uninformed Parties
3 Opening of the Formal Investigation Procedure
3.1 The Decision Opening the Formal Investigation Procedure
3.2 Contents of a Decision Opening the Formal Investigation Procedure
3.2.1 Enabling an Effective Participation
3.2.2 Identification of the Beneficiary of the Aid
3.2.3 Responsibility of Parties Concerned to Inform the Commission
3.2.4 Deadlines for the Submission of Information
3.3 Legal Effect of the Opening of the Formal Investigation Procedure
3.4 Provisional Nature of the Assessments in the Opening Decision
3.5 Court Review
4 Position of Parties Concerned during the Formal Investigation Procedure
4.1 Scope of the Rights of Defence
4.2 Position of Interested Parties
4.3 Consequences of Infringements of the Right to Be Heard
4.4 Access to Information
5 Duration of the Formal Investigation Procedure
6 Scope of the Investigation
6.1 Information by the Member States
6.2 Previous Decisions on State Aid
6.3 Involvement of Experts
7 Closure of the Formal Investigation Procedure
7.1 Types and Addressee of the Decisions
7.2 Relation to the Decision Initiating the Formal Investigation Procedure
7.3 Conditional Decisions
7.4 Corrective Decisions
7.5 Compliance
8 Re-opening of the Formal Investigation Procedure
9 Revocation of a Decision
Chapter 20 Unlawful Aid
1 The Prohibition to Implement Aid
1.1 Aim and Significance
1.2 Scope of the Prohibition
1.2.1 Granting of State Aid
1.2.2 All Forms of New State Aid
1.2.3 Duration of the Prohibition
2 Concept of Unlawful Aid
2.1 Aid Granted in Infringement of Article 108(3) TFEU
2.2 Unlawful Aid and Incompatible Aid
2.3 Unlawful Aid Declared Compatible
3 Investigation of Unlawful Aid by the Commission
3.1 Preliminary Investigation
3.1.1 Non-applicability of the Two Months' Period
3.1.2 No Conversion into Existing Aid
3.1.3 Parties Concerned
3.2 Formal Investigation Procedure
4 Powers of the Commission with Respect to Unlawful Aid
4.1 Decisions to Abolish or to Alter Incompatible Aid
4.2 Information Injunction
4.2.1 Scope
4.2.2 Failure to Comply with an Information Injunction
4.2.3 Absence of an Information Injunction
4.3 Suspension Injunction
4.4 Provisional Recovery Injunctions
4.5 Reference to the EU Courts
5 Involvement of National Courts
5.1 Direct Effect of Article 108(3), Last Sentence, TFEU
5.2 Available Remedies
5.3 Division of Competences between the Commission and National Courts
5.3.1 General Principles
5.3.2 Assessment of the Compatibility of Aid
5.3.3 Protection of the Rights of Persons Concerned
5.4 Duty of National Courts under Article 108(3), Last Sentence TFEU
5.4.1 Duty to Take All Necessary Measures
5.4.2 Suspension and Recovery of Unlawful Aid
5.4.3 Recovery of Unlawful Aid Declared Compatible
5.4.4 Reimbursement of Illegal Taxes
5.4.5 Compensation of Damages
5.4.6 Interests to Be Taken into Account
6 Unlawful Aid and Legitimate Expectations
6.1 Non-compliance with the Procedure of Article 108 TFEU
6.2 Absence of Notification
6.3 Absence of Approval by the Commission
6.4 Annulment of a Decision Approving Aid
Chapter 21 Recovery of Unlawful Aid
1 Aim
1.1 Elimination of the Distortion of Competition
1.2 Re-establishment of the Previous Situation
2 Decisions of the Commission to Recover Incompatible Aid
2.1 Powers of the Commission
2.2 Discretion of the Commission
2.3 Compatibility with the Principle of Proportionality
3 The Obligation to Recover Incompatible Aid
3.1 Unconditional Nature of Recovery Decisions
3.2 Implementation by National Authorities
3.3 General Conditions for the Implementation of Recovery Decisions
3.4 Implementation according to National Law
3.5 The Principles of Equality and Effectiveness
3.6 Involvement of National Courts
4 Determination of the Amount to Be Recovered
4.1 Duties of the Commission and the Member State
4.1.1 Calculation by the Member State
4.1.2 Calculation by the Commission
4.2 Recovery of the Full Amount of the Unlawful Aid
4.3 The Taking into Account of Tax Implications
4.4 Recovery of Interest
4.4.1 Obligation to Recover Interest
4.4.2 Interest Advantages
4.4.3 Period to Be Taken into Account
4.5 Measures to Obtain Recovery of Illegal Aid
4.5.1 Capital Contributions and Loans
4.5.2 Tax Reductions
4.5.3 Other Forms than Cash Payments
4.5.4 Preferential Prices
5 Recovery of Incompatible Aid and the Recipient
5.1 Recovery from the Actual Recipient of the Aid
5.1.1 Condition of Actual Use
5.1.2 Transfer of Companies Having Benefited from State Aid
5.1.3 Measures to Circumvent Recovery
5.2 Irrelevance of Possible Consequences for the Recipient of Illegal Aid
5.3 Absence of Legitimate Expectations
5.3.1 General Principles
5.3.2 Exceptional Circumstances
5.3.3 Irrelevant Circumstances
5.3.4 Legitimate Expectations Invoked by the Member State
6 Non-compliance with a Decision to Recover State Aid
6.1 Reference to the Court
6.2 Absolute Impossibility
6.2.1 Concept
6.2.2 Absence of Absolute Impossibility
6.2.3 Duty of Loyal Cooperation with the Commission
7 Limitation
Chapter 22 Statement of Reasons of State Aid Decisions
1 General Principles
1.1 Concept and Significance
1.2 Statement of Reasons and Operative Part of the Decision
1.3 Distinction between Statement of Reasons and Substantive Legality
2 Extent of the Duty to State Reasons
2.1 Interests of Third Parties
2.2 Degree of Precision
2.3 The Commission's Decision-Making Practice
2.4 Explanations Given Ex Post Facto
2.5 Professional Secrecy
2.6 Consequences of Insufficient Reasoning
3 Statement of Reasons and Article 107 TFEU
3.1 Existence of State Aid
3.2 Trade and Competition
3.3 Compatible and Incompatible Aid
3.4 Existing Aid
4 Decisions Relating to the Formal Investigation Procedure
4.1 Decisions Not to Initiate the Formal Investigation Procedure
4.2 Decisions to Initiate the Formal Investigation Procedure
4.3 Decisions Closing the Formal Investigation Procedure
4.4 Decisions to Reject a Complaint
4.5 Decisions Ordering the Recovery of Incompatible Aid
Chapter 23 Proceedings Brought by the Commission against a Member State
1 Relation between Articles 258-259 TFEU and Article 108(2) TFEU
2 Time Limits
3 Burden of Proof
4 Defence Available to a Member State
5 Conservatory Measures
Chapter 24 Judicial Protection: General Issues
1 Reviewable Acts
1.1 Acts Not Producing Legal Effects
1.2 Decisions Not to Initiate the Formal Investigation Procedure
1.3 Decisions to Open the Formal Investigation Procedure
1.4 Decisions Closing the Formal Investigation Procedure
1.5 Refusal to Bring Proceedings before the Court
1.6 Refusal to Propose Appropriate Measures
2 The Requirement of a Vested and Present Interest
3 Time Limits
4 Article 263, Fourth Paragraph, TFEU
4.1 General Principles
4.2 Actual or Potential Recipient of the Aid
4.3 Public Bodies Granting Aid
5 Locus Standi of Trade Associations
5.1 Entitlement to Bring an Action
5.2 A Trade Association Acting in Place of Its Members
5.2.1 Members Having Locus Standi
5.2.2 Members Not Having Locus Standi
5.3 Conditions for Having Specific Locus Standi
5.3.1 Normal Exercise of Procedural Rights
5.3.2 Status as a Negotiator of the State Aid Measure
6 Trade Unions and Their Members
7 Individual Actions against Decisions concerning Aid Schemes
8 Article 263 TFEU and Article 267 TFEU
9 Assessment of the Legality of State Aid Decisions
9.1 Information Available at the Time of Adoption
9.2 Failure to Provide Information
9.3 Legal Pleas
Chapter 25 Judicial Protection of Competitors
1 Decisions Taken at the End of the Preliminary Investigation Procedure
1.1 Scope of the Action and Requirements for Standing
1.2 An Interested Party for the Purposes of Article 108(2) TFEU
1.3 Meaning of a 'Party Concerned'
1.3.1 Competing Undertakings
1.3.2 Burden of Proof
1.3.3 Absence of a Competitive Relationship
1.3.4 Tax Exemptions
1.4 Purpose of the Action
1.4.1 Compliance with the Procedural Guarantees of Article 108(2) TFEU
1.4.2 Admissible and Inadmissible Pleas
1.4.3 Challenging the Merits of the Decision of the Commission
2 Decisions Closing the Formal Investigation Procedure
2.1 The Requirement of Individual Concern
2.2 The Requirement of a Special Competitive Relationship
2.2.1 A Distinctive Competitive Situation
2.2.2 Meaning of 'Substantially Affected'
2.3 Participation in the Administrative Procedure
2.4 Non-participation in the Administrative Procedure
3 The Requirement of Direct Concern
Chapter 26 Complaints on State Aid
1 Procedure
2 Treatment of Complaints
2.1 Diligent and Impartial Examination
2.2 Duration
3 Judicial Protection
3.1 Reviewable Acts
3.2 Admissibility of Actions against Decisions Rejecting a Complaint
Chapter 27 Derogations by the Council from Article 107 TFEU
1 Scope of the Council's Power under Article 108(2) TFEU
2 Nature of the Council's Power under Article 108(2) TFEU
3 Limits to the Council's Power under Article 108(2) TFEU
4 Powers of the Commission
Appendix I Articles 107-109 TFEU
Appendix II Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (codification)

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