Competition and State Aid

Name: Competition and State Aid | An Analysis of the EU Practice
Brand: Kluwer Law International
Price: 300.99 EUR
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An Analysis of the EU Practice

Alberto Santa Maria(Herausgeber*in)

Kluwer Law International (Verlag)

2. Auflage

Erschienen am 17. Juni 2015

440 Seiten

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Cover
Half Title Page
Editorial Board
Title Page
Copyright Page
Editor
Contributors
Summary of Contents
Table of Contents
Introduction
I PREFACE TO THE SECOND EDITION
II PRELIMINARY REMARKS
III THE COMMISSION'S EXTENSIVE APPLICATION OF ARTICLE 107 TFEU, PARTICULARLY IN RELATION TO STATE AID SCHEMES: A CRITICISM
IV AID BY ACT OF LAW IN THE US JURISDICTION. NEW POSSIBLE SOLUTIONS UNDER EU LAW
V STATE AID BY LAW AND THE ENLARGEMENT OF THE EUROPEAN UNION
VI IMPLEMENTING REGULATIONS OF ARTICLE 108 TFEU: FORM OVER SUBSTANCE?
VII RECOVERY INJUNCTION AND THE RIGHT TO DEFENCE
CHAPTER 1 The Notion of State Aid and Derogations
§1.01 THE NOTION OF STATE AID
§1.02 THE REQUIREMENTS
[A] State Intervention
[1] Imputability to the State and the Transfer of State Resources
[2] From the Alternative Approach to the Cumulative Approach
[B] The Gratuitous Advantage
[1] The Aid Recipient: The Notion of 'Undertaking'
[2] Economic Activities
[a] Exercise of Public Powers
[b] Social Security
[c] Health Care
[d] Education and Research Activities
[e] Infrastructure
[3] The Gratuitous Advantage Concept
[4] The Market Economy Operator Test
[a] The Assessment of the State Intervention
[i] Empirical Assessment
[ii] Assessment without Specific Market Data
[iii] Objective Justifications
[b] The Private-Creditor Criterion
[c] The Private Vendor Criterion
[C] The Selectivity Criterion
[1] Material Selectivity
[2] Regional Selectivity
[D] Distortion of Competition and Its Impact on Trade between Member States: The Significance of Economic Analysis
[1] Methodology
[2] Definition of the Relevant Market
[3] Distortion of Competition
[4] Trade between Member States
§1.03 STATE AID AND SERVICES OF GENERAL INTEREST
§1.04 DEROGATIONS TO THE GENERAL INCOMPATIBILITY PRINCIPLE UNDER ARTICLE 107(2) AND (3) TFEU
[A] Mandatory Exceptions in Article 107(2) TFEU
[B] Discretionary Exceptions in Article 107(3) TFEU
[1] Regional Aid
[2] Sectorial and Horizontal Aid
§1.05 THE GENERAL BLOCK EXEMPTION REGULATION
[A] Commission Regulation (EU) No. 651/2014: The 2014 General Block Exemption Regulation
[1] Common Provisions: The Scope of the 2014 GBER
[2] Conditions for Exemptions
[3] Aid Intensity and Eligible Costs
[4] Cumulation
[5] Publication Reporting and Monitoring
[6] Withdrawal of the Benefit of the Block Exemption
CHAPTER 2 State Aid and Insolvency Proceedings
§2.01 STATE AID FOR FIRMS IN DIFFICULTY AND INSOLVENCY PROCEEDINGS: THE EUROPEAN UNION LEGISLATION
§2.02 THE EXTRAORDINARY ADMINISTRATION OF LARGE FIRMS IN INSOLVENCY IN ITALY: FROM THE PRODI ACT TO THE MARZANO ACT
§2.03 PROCEEDINGS BEFORE THE COMMISSION IN RELATION TO THE PRODI ACT
§2.04 THE ECOTRADE AND PIAGGIO JUDGMENTS OF THE EUROPEAN COURT OF JUSTICE
§2.05 THE COMMISSION'S DECISION OF 16 MAY 2002 ON THE PRODI ACT: SURVIVAL OF PRODI ACT PROVISIONS UNDER ARTICLE 106 OF LEGISLATIVE DECREE NO. 270 OF 8 JULY 1999
§2.06 THE ECJ'S ORDERS OF 24 JULY 2003 AND 27 JANUARY 2004: THE SCOPE OF THE TRANSITIONAL SCHEME
§2.07 THE PROVISIONS IN THE PRODI ACT THAT HAVE BEEN CONSIDERED STATE AID AS OPPOSED TO THOSE DEEMED LAWFUL: HOW THAT DISTINCTION IS REFLECTED IN THE MARZANO ACT
§2.08 CLAWBACK ACTIONS UNDER THE MARZANO ACT: THE PARMALAT CASE
§2.09 THOUGHTS ON JUDGMENT NO. 172 OF 21 APRIL 2006 BY THE ITALIAN CONSTITUTIONAL COURT
§2.10 THE MOST RECENT CHANGES TO THE MARZANO ACT, DECISIONS BY THE COMMISSION AND JUDGMENTS BY THE EUROPEAN COURTS RELATED THERETO
CHAPTER 3 The Procedures before the Commission
§3.01 INTRODUCTION
§3.02 MAIN FEATURES OF STATE AID CONTROL
§3.03 OVERVIEW OF COMMISSION PROCEDURE
[A] Different Types (and Procedures) of State Aid
[B] Sector Inquires
§3.04 NOTIFICATION OF NEW AID
[A] Obligation to Notify
[B] Standstill Obligation
§3.05 THE PRELIMINARY REVIEW PROCEDURE
[A] Standard Preliminary Review
[B] Concluding the Preliminary Review
[C] The Simplified Procedure
§3.06 THE FORMAL INVESTIGATION PROCEDURE
[A] Aims and Scope of the Formal Investigation
[B] Rights of Member State and the Position of Interested Parties
[C] Market Investigation Tools
[D] Closing the Formal Investigation Procedure
§3.07 UNLAWFUL AID
[A] Review of Complaints
[B] Further Peculiar Features of the Review of Unlawful Aid
§3.08 MISUSED AID
§3.09 REVIEW OF EXISTING AID
§3.10 ANNUAL REPORTS AND ON-SITE MONITORING
CHAPTER 4 Recovery of Unlawful and Incompatible Aid
§4.01 THE RECOVERY DECISION
[A] The Rationale behind Recovery Decisions
[B] Contents of the Order to Recover: Interest
[C] Limitation Period for an Order to Recover Aid
§4.02 IMPLEMENTING THE COMMISSION'S DECISION
[A] The Recovery Decision and Its Direct Effect
[B] The Addressees of an Order for Recovery
[C] Failure to Comply with Recovery Decisions
§4.03 LIMITS TO THE EXECUTION OF ORDERS FOR RECOVERY OF AID
[A] The Principle of the Protection of Legitimate Expectations
[B] Other Principles of EU Law
[C] National Statutes of Limitations
[D] Absolute Impossibility to Recover Aid
§4.04 IMPLEMENTATION OF RECOVERY DECISIONS IN ITALY
§4.05 CONCLUDING REMARKS
CHAPTER 5 Recovery in the Case of Aid Schemes in Tax Matters
§5.01 THE APPLICATION OF ARTICLE 107(1) TFEU IN TAX MATTERS
§5.02 THE COMMISSION'S NEGATIVE DECISIONS IN STATE AID SCHEMES
§5.03 THE EXECUTION OF THE COMMISSION'S DECISIONS BY NATIONAL AUTHORITIES: RECOVERY OF THE TAX, OR RECOVERY OF THE AID?
§5.04 THE RELEVANCE OF INTERNAL TAX PROCEDURES
§5.05 THE ROLE OF THE NATIONAL COURT IN THE RECOVERY PHASE
CHAPTER 6 The Judicial Phase
§6.01 JUDICIAL CONTROL OVER DECISIONS RELATING TO STATE AID
§6.02 ARTICLE 263 TFEU: ACTIONS FOR ANNULMENT
[A] Actions for Annulment: Challengeable Measures
[B] Actions for Annulment: Standing to Bring Action
[1] Privileged and Non-privileged Applicants
[a] Privileged Applicants
[b] Non-privileged Applicants
[2] Direct Concern
[3] Individual Concern
[4] Interest in Bringing Action
[C] Review by EU Courts
[1] Manifest Error of Assessment: Potential Case Law Developments
[2] The Duty to State Reasons
§6.03 PRIVATE PARTIES' STANDING TO BRING ACTION
[A] The Beneficiaries of Aid
[B] The Beneficiary's Competitors
[1] Decisions Issued at the End of Formal Investigation
[2] Decisions Issued at the End of the Preliminary Procedure
[C] Professional Associations
[D] Annulment of 'Regulatory Acts' under Article 263(4) TFEU
§6.04 ARTICLES 278 AND 279 TFEU: APPLYING FOR INTERIM MEASURES
§6.05 ARTICLE 265 TFEU: ACTION FOR FAILURE TO ACT
§6.06 ARTICLE 340 TFEU: ACTION FOR DAMAGES
§6.07 ARTICLE 267 TFEU: PRELIMINARY RULING AS TO VALIDITY
CHAPTER 7 Unlawful State Aid: Protection before National Courts
§7.01 THE NOTION OF UNLAWFUL AID
§7.02 DIRECT APPLICABILITY OF ARTICLE 108(3) EC, LAST SENTENCE: THE NATIONAL COURTS' ROLE COMPLEMENTARY TO, AND DISTINCT FROM, THE COMMISSION'S
§7.03 LEGAL QUALIFICATION OF SPECIFIC STATE AID AS A PRELIMINARY QUESTION, CAPABLE ALSO OF BEING ADDRESSED EX OFFICIO
§7.04 QUALIFICATION BY NATIONAL COURTS OF SPECIFIC MEASURES AS STATE AID
§7.05 EXTRAORDINARY SUSPENSION AND INTERIM MEASURES PENDING A DECISION BY THE COMMISSION ON THE LAWFULNESS OF STATE AID
§7.06 COOPERATION BETWEEN THE COMMISSION AND NATIONAL COURTS ON STATE AID MATTERS: THE 2009 NOTICE TO NATIONAL COURTS, WHICH PROVIDES FOR THE TRANSMISSION OF INFORMATION AND APPLICATIONS FOR OPINIONS REGARDING THE APPLICATION OF STATE AID RULES
§7.07 PRELIMINARY REFERENCES TO THE COURT OF JUSTICE
§7.08 CONFLICTS BETWEEN NATIONAL COURTS AND THE COMMISSION IN CLASSIFYING A MEASURE AS STATE AID
§7.09 AN OVERVIEW OF THE POWERS AND ROLE OF NATIONAL COURTS IN THE FIELD OF STATE AID: THE PRIMACY, EQUIVALENCE AND EFFECTIVENESS OF EUROPEAN LAW - AND HOW THAT PRIMACY MAY DEFEAT RES JUDICATA
§7.10 LEGAL ISSUES ARISING FROM INFRINGEMENTS OF THE STANDSTILL CLAUSE: THE ALLOCATION OF JURISDICTION
[A] Actions That May Be Brought in the Event of Unlawful Aid: Issues of Jurisdiction and Procedure
[B] The Judicial Actions against Unlawful Aid Open to Competitors and Third Parties: Challenging Administrative Measures Granting Aid
[C] Challenging General Meetings' Resolutions for Unlawfulness of the Object
[D] Actions for Unfair Competition
[E] Actions for Damages against the State
§7.11 INTERIM RELIEF AND THE REFORM OF PRECAUTIONARY MEASURES
§7.12 PROBLEMATIC QUALIFICATION OF ACTIONS FOR DAMAGES BROUGHT BY AID RECIPIENTS AGAINST THE STATE
CHAPTER 8 Professional Sport and Competition
§8.01 INTRODUCTION. SPORT AND THE EUROPEAN UNION
§8.02 SPORT AND COMPETITION IN EUROPE
[A] Sporting Rules and the Organization of Sports
[B] Economic Activities Connected with Sporting Activities
§8.03 STATE AID IN THE SPORT SECTOR
[A] Aid to Sport Infrastructure
[B] Aid to Individual Clubs
[C] Training Aid
CHAPTER 9A Overview of State Aid to Particular Sectors: Agriculture
§9A.01 STATE AID TO AGRICULTURAL UNDERTAKINGS: INTRODUCTION
§9A.02 STATE AID UNDER REGULATION (EU) NO. 1308/2013 AND THE OTHER REGULATIONS CONCERNING THE CAP
§9A.03 THE EUROPEAN UNION'S GUIDELINES ON STATE AID TO THE AGRICULTURAL AND FORESTRY SECTORS AND IN RURAL AREAS, 2014 TO 2020
§9A.04 DE MINIMIS AID IN THE AGRICULTURAL SECTOR AND REGULATION (EU) NO. 702/2014
CHAPTER 9B Overview of State Aid to Particular Sectors: State Aid in the Transports Sector
§9B.01 PRELIMINARY REMARKS
§9B.02 INLAND TRANSPORT
[A] Road Transport
[B] Rail Transport
[C] Inland Waterways
§9B.03 AIR TRANSPORT
[A] Historical Evolution and Applicable Provisions
[B] Airports
[C] Airlines
§9B.04 MARITIME TRANSPORT
[A] General Overview
[B] Cases of Aid
[C] Port Infrastructure
§9B.05 INTERMODALITY
CHAPTER 9C Overview of State Aid to Particular Sectors: State Aid and the Financial Crisis
§9C.01 EARLY RESPONSES TO THE FINANCIAL CRISIS
§9C.02 THE CRISIS FRAMEWORK
[A] The 2008 Banking Communication
[B] Recapitalization Communication
[C] Impaired Assets Communication
[D] Restructuring Communication
[E] The Prolongation Communications
[F] The 2013 Banking Communication
§9C.03 THE TEMPORARY FRAMEWORK IN RESPONSE TO THE ECONOMIC AND FINANCIAL CRISIS
CHAPTER 9D Overview of State Aid to Particular Sectors: Environment and Energy
§9D.01 INTRODUCTION
§9D.02 THE NOTION OF AID AND THE ENERGY SECTOR
§9D.03 A REVISED FRAMEWORK FOR 'ENERGY EXEMPTION'
§9D.04 ENERGY AID AND THE COMPATIBILITY TEST
[A] The New Energy and Environmental Aid Guidelines
[B] The Interaction between the EEAG and a Plurality of Other Grounds for Authorization
§9D.05 CONCLUDING REMARKS
CHAPTER 9E Overview of State Aid to Particular Sectors: Broadband
§9E.01 THE INTRODUCTION OF THE BROADBAND SECTOR IN THE EUROPEAN STATE AID POLICY
§9E.02 THE PROVISIONS OF THE BROADBAND GUIDELINES 2013
[A] The Criteria for the Assessment of State Aid
[B] The Principles of Compatibility of the State Aid with Article 107(3) TFEU
[C] Types of Broadband Networks
[D] The Distinction between White, Grey and Black Areas for the Development of Broadband Infrastructure
[E] Necessary Conditions for Every State Measure
Bibliography
Table of Cases
Index
Back Cover

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