EStAL 1/2015


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Issue 1/2015

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Caroline Buts
SAM: Practically perfect in every way?!
European State Aid Law Quarterly 1/2015: pp. 1-2
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With this first issue of 2015, it seems appropriate to look back and reflect on the events of the previous year. In general, we will probably remember 2014 for Frozen, the Sochi Olympics, turmoil in Ukraine, the World Cup, the outbreak of ebola, increased terrorist threats and the ice bucket challenge. While looking back, many will very likely be humming the catchy tune ‘Happy’ by Pharrell Williams. For the State aid community more specifically, 2014 was a highly interesting and inspiring ye...


News from the Member States
European State Aid Law Quarterly 1/2015: pp. 3-18
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Austria ∙ Birgit Haslinger Bulgaria ∙ Iveta Stoycheva and Mariya Papazova Croatia ∙ Tatjana Jakovljević Cyprus ∙ Michalis Kamperis Germany ∙ Christoph Arhold and Mari Weiss Poland ∙ Przemyslaw Kamil Rosiak

 

...

Christian Koenig and Julien Lindner
Criminal Liability – An Efficient Tool of EU State Aid Law Enforcement?
European State Aid Law Quarterly 1/2015: pp. 19-24 [Opinion]
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More than two years after the Commission set out the State Aid Modernisation (SAM) package, still no considerable progress has been achieved in terms of increasing the efficiency of EU State aid law enforcement at the national level in spite of severe deficiencies. Attention must therefore be given to the question of how to enhance the Member States’ compliance with EU State aid rules. This article proposes criminal liability as an efficient tool of EU State aid law enforcement. First, curr...

Bernhard von Wendland
New Rules for State Aid for Research, Development and Innovation: ‘Not a Revolution but a Silent Reform’
European State Aid Law Quarterly 1/2015: pp. 25-50 [Article]
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‘Not a Revolution but a Silent Reform’

In the course of the State Aid Modernisation initiative, EU-rules for State aid for Research, Development and Innovation (R&D&I) have been revised. New legal texts entered into force on July 1st 2014: the new Framework for State aid for Research, Development and Innovation (the Framework) and the new General Block Exemption Regulation (GBER). This article describes the scope of the modifications and discusses new concepts the...

Delia Ferri
'Subsidising Accessibility': Using EU State Aid Law and Policy to Foster Development and Production of Accessible Technology
European State Aid Law Quarterly 1/2015: pp. 51-67 [Article]
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Using EU State Aid Law and Policy to Foster Development and Production of Accessible Technology

Accessible technology encompasses a series of different universally designed and assistive products. The market for these products is wide and highly diversified. However, a common trend can be identified: Private industry is hesitant to engage in experimental products which require massive development and production costs, and is reluctant to invest in developing goods wit...

Karen Donders
State Aid to Public Service Media: European Commission Decisional Practice Before and After the 2009 Broadcasting Communication
European State Aid Law Quarterly 1/2015: pp. 68-87 [Article]
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European Commission Decisional Practice Before and After the 2009 Broadcasting Communication

State aid cases concerning the funding of public broadcasters in EUMember States have ever since the early 1990s provoked both political and academic attention. Based on three principles – (1) awell-defined public task, (2) the formal entrustment and independent control thereof and (3) proportionality of State aid – the European Commission has reached several decisions aff...

François-Charles Laprévote and Mélanie Paron
The Commission’s Decisional Practice on State Aid to Banks: An Update
European State Aid Law Quarterly 1/2015: pp. 88-116 [Article]
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This article is an update on the evolution of the European Commission’s decisional practice regarding State aid to banks in the financial crisis over the past few years, building on a previous analysis published in 2011. Since 2008, most Member States have provided some support to their banking system, which has allowed the Commission to exert an unprecedented control over the use of taxpayers’ money under State aid rules. In particular, individual restructuring or resolution plans have b...

Péter Staviczky
Cumulation of State Aid
European State Aid Law Quarterly 1/2015: pp. 117-129 [Article]
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State aid law sets some barriers for each project or undertaking above which State funding is not allowed. However, compliance with these requirements is not straightforward and simple especially when different types of State aid and/or different forms of State aid is granted to the same undertaking. With the State Aid Modernisation rules on cumulation become clearer, although some difficulties still remain. Keywords: Cumulation, De minimis aid, Eligible costs, GBER, Regional aid, Risk capita...

Ketill Einarsson and Mihalis Kekelekis
Time's up – Procedural Delays in State Aid Cases
European State Aid Law Quarterly 1/2015: pp. 130-142 [Article]
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An Overview of the Case Law

This Article deals with procedural delays encountered during the preliminary examination of State aid cases. The main emphasis is on delays in notified cases as well as complaints, and a comparison is drawn. Some light is also shed on delays in existing aid procedures. The Article draws from extensive case law which demonstrates both the importance of adopting decisions within a reasonable time as well as the extent to which procedural dela...

Phedon Nicolaides and Sarah Schoenmaekers
The Concept of ‘Advantage’ in State Aid and Public Procurement and the Application of Public Procurement Rules to Minimise Advantage in the New GBER
European State Aid Law Quarterly 1/2015: pp. 143-156 [Article]
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This paper examines the case law on the concept of advantage in the field of State aid and in the field of public procurement. It identifies the similarities and the differences between the two fields. Then it uses the results of this analysis to examine how ‘competitive selection procedures’ may either eliminate advantage or minimise advantage in the context of the measures adopted on the basis of the new General Block Exemption Regulation – Regulation 651/2014. In some cases the provi...

Phedon Nicolaides
Case T-425/11, Greece v Commission - Price Regulation and State Aid
European State Aid Law Quarterly 1/2015: pp. 157-160 [Case Note]
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Annotation on the Judgment of the General Court of 11th of September 2014 in Case T-425/11, Greece v European Commission

The General Court annulled the Commission Decision 2011/716 finding that certain Greek casinos had received aid that was incompatible with the internal market. Keywords: Advantage, Casinos, Price regulation.

I. Introduction It is an established principle of EU State aid law that purely regulatory activities do not entail transfer of State r...

Iris Hohmann
Case T-347/09, Germany v Commission - Economic Activities in Natural National Heritage?
European State Aid Law Quarterly 1/2015: pp. 161-165 [Case Note]
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Annotation on the Judgment of General Court of 12th September 2013 in Case T-347/09, Federal Republic of Germany v European Commission

The General Court agreed with the decision of the Commission that the free of charge transfer of land of natural national heritage to nature conservation organisations and the financial support of large-scale nature conservation projects constitute State aid. The nature conservation organisations are classified as undertakings insofar ...

Iveta Stoycheva and Eva Škufca
Case C-271/13 P, Rousse Industry AD v Commission - Duly Applying the Private Creditor Test the CJEU Confirms that the Failure to Actively Seek Recovery of Outstanding Debt Constitutes State Aid
European State Aid Law Quarterly 1/2015: pp. 166-173 [Case Note]
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Annotation on the Judgment of the Court of Justice of the EU of 20th March 2014 in Case C-271/13 P, Rousse Industry AD v European Commission.

TheCJEUdismissedRousse Industry’s appeal againstGeneralCourt judgment and confirmed the established application of the private creditor principle in case of debt restructurings. Not only should public authorities and public undertakings consider whether their actions are in compliance with State aid rules when granting a loan ...

Lucyne Ghazarian
Case C-242/13, Commerz Nederland NV v Havenbedrijf Rotterdam NV - Imputability to the State
European State Aid Law Quarterly 1/2015: pp. 174-177 [Case Note]
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Annotation on the Judgment of the Court of Justice of the EU of 17th September 2014 in Case C-242/13, Commerz Nederland NV v Havenbedrijf Rotterdam NV

In essence, the CJEU confirmed its case-law regarding the imputability of measures taken by publicly controlled undertakings, ie the Stardust Marine judgment (C-482/99), and in addition gave some guidance in regard to the indication assessment. The breach of internal statutes does not, of itself, preclude the i...

Marianne Clayton and Maria Segura
Case C-522/13, Ministerio de Defensa, Navantia SA v Concello de Ferrol - Not just Another Ruling on the Definition of State Aid in Article 107 TFEU, but on Enforcement of State Aid Law by National Courts: How Victory Belongs to the Most Persevering
European State Aid Law Quarterly 1/2015: pp. 178-184 [Case Note]
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Annotation on the Judgment of the Court of Justice of the EU of 9th October 2014 in Case C-522/13, Ministerio de Defensa, Navantia SA v Concello de Ferrol

The CJEU rendered a short, straight-forward judgment on the concept of State aid within themeaning of Article 107(1) TFEU. In a request for a preliminary ruling, the Court was asked to address whether a tax exemption may be considered compatible with the State aid rules by a national judge who had identifie...

Hanne S Torkelsen
Case E-1/13, Míla ehf v EFTA Surveillance Authority - How to Safeguard Procedural Rights and Apply the Market Economy Investor Principle (MEIP) in a Tender Process
European State Aid Law Quarterly 1/2015: pp. 185-191 [Case Note]
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Annotation on the Judgment of the EFTA Court of 27th January 2014 in Case E-1/13, Míla ehf v EFTA Surveillance Authority.

This case allows for substantive arguments when an Applicant who can show no direct and individual concern, and is in no position to challenge the merits of the decision, is raising a plea alleging the existence of doubts, and that ESA consequently should have initiated a formal investigation procedure. The Court found that the use of such argumen...


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EStAL
Journal
Publication frequency: quarterly
Subscription: € 442,-
ISSN 16 19-52 72

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