EStAL 2/2014


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Issue 2/2014

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Andreas Bartosch
Scary Times
European State Aid Law Quarterly 2/2014: pp. 211-212 [Editorial]
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There are many scary things happening these days in and around the world of State aid control. One of them is the judgment of the Court of Justice from November last year handed down as a reference ruling in the fierce litigation between former German national flag carrier Lufthansa and the emblem for low-cost flying in this country, i.e. the regional airport of Frankfurt/Hahn. The crucial question referred to Luxemburgwaswhether a Commission opening decision, expressing serious doubts as to the...

News from the Member States
European State Aid Law Quarterly 2/2014: pp. 213-232

Austria Birgit Haslinger
Belgium Caroline Buts
Czech Republic Ivo Janda and Magda Olyšarová
France Nicole Coutrelis
Ireland Christine Fauroux
Italy Sara Gobbato
Luxembourg Philippe-Emmanuel Partsch
Malta Yana Haber
The Netherlands Paul Adriaansel and Alke Metselaar
Poland Przemyslaw Kamil Rosiak and Katarzyna Bozekowska-Zawisza
Bart A. Creve
Locus Standi Requirements for Annulment Actions by Competitors: The Resurfacing “Unique Position Test” Ought to Be Discarded
European State Aid Law Quarterly 2/2014: pp. 233-234 [Opinion]
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EStAL 2|2014 Opinion 233 Locus Standi Requirements for Annulment Actions by Competitors: The Resurfacing “Unique Position Test” Ought to Be Discarded Bart A. Creve* Pursuant to the recently adopted amendments to Regulation (EC) No 659/99 (“Procedural Regulation”), the Commission will only be obliged to examine complaints made by parties that qualify as “interested parties” within the meaning of Article 108(2) of the TFEU and Article 1(h) of the Procedural Regulation. In addition, a c...

Hanns Peter Nehl
2013 Reform of EU State Aid Procedures: How to Exacerbate the Imbalance between Efficiency and Individual Protection
European State Aid Law Quarterly 2/2014: pp. 235-249 [Article]
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This article deals with long awaited Council Regulation (EU) No 734/2013 of 22 July 2013 amending Regulation (EC) No 659/1999 laying down detailed rules for the application of Article [108 TFEU]. From the rule of law perspective, the overall result of the reform process looks fairly disappointing. It hallmarks a culminating point in the evolution of the Union’s utilitarian concept underlying EU State aid procedure, focusing exclusively on efficient and effective implementation of EU State a...

Alke Metselaar
Who can invoke State aid Law before National Judges? That Floating Question of Legal Interest in the Case Law of Dutch Courts
European State Aid Law Quarterly 2/2014: pp. 250-260 [Article]
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I. Introduction Under the principle of national procedural autonomy, national courts who apply EU lawmust do so using their own procedural law–within the boundaries of the principles of equivalence and effectiveness. Meanwhile, in many EU Member States, national procedural law requires that parties initiating proceedings have (legal) interest.1 Under Dutch law, failure to fulfil this requirement of interest – which can take a variety of forms depending on the procedural context – may lead ...

Adinda Sinnaeve
The Complexity of Simplification: The Commission’s Review of the de minimis Regulation
European State Aid Law Quarterly 2/2014: pp. 261-276 [Article]
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I. Introduction The Commission’s de minimis Regulation is a strange animal in competition law. Starting from the concept itself up to its practical implementation, the de minimis rule presents a number of paradoxes. Conceived as a simple and straightforward instrument that provides legal certainty, it can actually reach these goals only to a limited extent and its concrete application is far from easy and a daily source of surprisingly tricky legal questions. Nevertheless, the de minimis rule ...

Max Lienemeyer, Clemens Kerle and Helena Malikova
The New State aid Banking Communication: The Beginning of the Bail-In Era Will Ensure a Level Playing Field of Enhanced Burden-Sharing
European State Aid Law Quarterly 2/2014: pp. 277-288 [Article]
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I. Introduction The purpose of this article is to discuss the enhanced burden-sharing rules in theCommission’s newBanking Communication (“NBC”)1 of 10 July 2013. The NBC constitutes the latest amendment of the State aid framework for bank restructuring, which is based on six specific “Crisis Communications”.2 It replaces the first of these Communications, the Banking Communication, and thereby indicates a major change in the Commission approach to bank restructuring: Indeed, it could b...

Hans Arno Petzold
Rescue and Restructuring (R&R) Guidelines – Thoughts and Comments on the Commission’s Draft
European State Aid Law Quarterly 2/2014: pp. 289-294 [Article]
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I. Introduction Enterprises, undertakings, economic entities, large or small, may from time to time face financial difficulties leading to staff reductions, production site shut-downs, even insolvency, and finally total bankruptcy. As a result, jobs, investments, loans, and often know-how and technological competence are lost, guarantees have to be drawn, a region may be bereaved of its economic centre and face further losses to follow. In general, this is not an unusual or unsystematic scenario...

Wibke Mellwig
Piraeus, Ventspils and Krievu Sala A New Era in Port Financing and State Aid
European State Aid Law Quarterly 2/2014: pp. 295-304 [Article]
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In 2009 and 2010, three decisions by the European Commission in the area of port infrastructure financing gave a new direction to the State aid discussion in the port sector. The aim of this article is to analyse these decisions and place them in the context of European port policy as well as new legal developments such as the ruling of the European Court of Justice (ECJ) on airports1 and the regime on services of general economic interest (SGEI).2

 

EStAL 2|2014 A New Era in...

Jens Holscher, Nicole Nulsch and Johannes Stephan
Ten Years after Accession: State Aid in Eastern Europe
European State Aid Law Quarterly 2/2014: pp. 305-309 [Article]
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In the early phase of transition that started with the 1990s, Central and Eastern European Countries (CEEC) have pursued far-reaching vertical and individual industrial policy with a focus on privatisation and restructuring of traditional industries. Foreign investment from the West and the facilitation of the development of a market economy also involved massive injections of State support.With their accession to the European Union (EU), levels and forms of State aid came under critical revi...

Andrea Usai
Idromacchine
Summary ∙ Idromacchine ∙ Case C-34/12 P
Annotation ∙ Clutching at Straws: Idromacchine Spa and Others v Commission ∙ by Andrea Usai

European State Aid Law Quarterly 2/2014: pp. 318-329 [Case Law - Annotation]
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Annotation on the Judgment of the Court of Justice of 8 November 2011 in Case C-34/12 P, Idromacchine Spa and Others v Commission

I. Introduction The Idromacchine Spa and others v Commission case1 concerns an appeal brought by Idromacchine Spa (Idromacchine), a naval construction company operating in the steam generators sector, and its two only shareholders against the judgment of the General Court (GC)2 inwhich itwas held thatwhilst Idromacchine’s...

Elie Raimond
Alcoa
Summary ∙ Alcoa ∙ Case C-344/12
Annotation ∙ Recovery of Unduly Received State Aids: The Court of Justice Remains (Too?) Inflexible ∙ by Elie Raimond

European State Aid Law Quarterly 2/2014: pp. 330-335 [Case Law - Annotation]
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Annotation on the Judgment of the Court of Justice of the European Union (Eighth Chamber) of 17 October 2013 in Case C-344/12, Alcoa.

 

I. Introduction The judgment of the Court of Justice of the European Union (CJEU) in the “Alumix case1 (the Judgment) relates to the action for failure to fulfil obligations brought by the European Commission (the Commission) against the Republic of Italy regarding the recovery of unduly paid State aids in ...

Romain Ferla and Hélène de Villaine
Riscaldamento Delle Serre
Summary ∙ Riscaldamento Delle Serre ∙ Case T-379/09
Annotation ∙ Excise Duty Exemption for Glasshouse Growers: The Commission’s Approach Confirmed by the General Court ∙ by Romain Ferla and Hélène de Villaine

European State Aid Law Quarterly 2/2014: pp. 336-343 [Case Law - Annotation]
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On 13 March 2001, the European Court of Justice handed down its ruling in the landmark PreussenElektra case: it ruled in substance that imposing transfers of funds from one private company to another did not amount to State aid for lack of use of State resources. A decade and many cases later, the Court struggles to maintain coherence in the heritage of PreussenElektra. The Vent de Colère! case, which, just like its illustrious predecessor, deals with purchasing obligations, provides an exam...

Adrien Giraud
Vents De Colère!
Summary ∙ Vent De Colère! ∙ Case C‑262/12
Annotation ∙ Vents De Colère! – Testing the Limits of PreussenElektra ∙ by Adrien Giraud

European State Aid Law Quarterly 2/2014: pp. 344-348 [Case Law - Annotation]
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Annotation on the Judgment of the General Court of 13 September 2012 in Case T-379/09, Italian Republic v Commission.

I. Introduction The case Italian Republic vCommission1 concerns the appeal by Italy against decision 2009/944/EC of the European Commission dated 13 July 2009which concluded that an aid scheme in the form of an exemption from excise duties on diesel used for heating glasshouses, implemented between 3 October 2000 and 30 June 2001 and i...

Johannes Barbist and Markus Pinggera
Bank Burgenland
Summary ∙ Land Burgenland v Commission ∙ Joined Cases C‑214/12, C‑214/12 and C‑223/12
Annotation ∙ State Aid Law and Privatisations: The Bank Burgenland Case before the Court of Justice ∙ by Johannes Barbist and Markus Pinggera

European State Aid Law Quarterly 2/2014: pp. 349-356 [Case Law - Annotation]
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Annotation on the Judgment of the European Court of Justice of the 24 October 2013 in Joined Cases C-214/12 P, C-215/12 P and C-223/12 P, Land Burgenland, Grazer Wechselseitige Versicherung AG and Republic of Austria v European General Court

I. Introduction Following a period of heavy debate, the Court of Justice of the European Union (the “ECJ”) rendered its final decision on appeals in the Bank Burgenland case o...

Julia Lipinsky
Salzgitter
Summary ∙ Salzgitter AG v Commission ∙ Case T‑308/00 RENV
Annotation ∙ Man of Steel? The General Court and the Principle of Legal Certainty ∙ by Julia Lipinsky

European State Aid Law Quarterly 2/2014: pp. 357-369 [Case Law - Annotation]
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Annotation on the Judgment of the General Court of 22 January 2013 in Case T-308/00 RENV – Salzgitter AG

In its judgment “Salzgitter” of 22 January 2013, the General Court of the European Union (GC) had first and foremost to deal with the question whether the order to recover incompatible aid from steel industry undertakings of the Salzgitter concern, adopted in 2000 by the Commission, was unlawful because it conflicted with the principle of legal certainty according to the crit...

Marianne Clayton and Maria J. Segura Catalán
KADECO
Summary ∙ Iceland v EFTA ∙ Case E‑9/12
Annotation ∙ Establishing the Market Value of Publicly Owned Properties: The Quest for the Holy Grail ∙ by Marianne Clayton and Maria J. Segura Catalán

European State Aid Law Quarterly 2/2014: pp. 370-380 [Case Law - Annotation]
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By a judgment dated 22 July 2013, the EFTA Court confirmed the analysis of the EFTA Surveillance Authority in the case of a sale of publicly owned buildings. The EFTA Court found that there had been no open well-publicised and unconditional bid in the meaning of the Sale of Land Guidelines. The Icelandic authorities had published a general call for interest and the sale of four out of the five buildings for sale was advertised solely on the company’s website. The EFTA Surveillance Authority...

Dr. Annette Rosenkötter, Dr. Sigmar Stadlmeier
Book Reviews
European State Aid Law Quarterly 2/2014: pp. 381-384 [Book Reviews]
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Klimaschutz durch Beihilfen – Eine Analyse des beihilferechtlichen Rahmens für energie- und umweltpolitische Maßnahmen "Climate Protection through State aid – An Analysis of the State aid framework for measures in energy and environment policy" by Volker Behlau, Jana Lutz and Manuel Schütt First edition, Nomos-Verlag Baden-Baden, 2012, 402 pp., ISBN: 978-3- 8329-7314-8, € 9...


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Reading of Intimate Brussels - Living amongst Eurocrats

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For one year, Martin Leidenfrost explored Europe’s capital and wrote fifty personal – tender, alienated, mischievous – portraits.

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