EStAL 4/2014

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Issue 4/2014

Table of Contents
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Christian Koenig
Where is State Aid Law heading to?
European State Aid Law Quarterly 4/2014: pp. 611-613
[Click here to show Abstract]

State aid law has become an all-purpose tool to camouflage policy-making. Its application is neither limited to certain sectors, nor to harmonised or non-harmonised areas. The new Guidelines on State aid for environmental protection and energy 2014–20201 for example are guidelines in the true sense of the word and surely more than a transparent description of the Commission’s State aid policy. They are pointing the way ahead for the EU’s renewable energy regulation by the means of State...

News from the Member States
European State Aid Law Quarterly 4/2014: pp. 614-629
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Belgium ∙ Laura Parret Denmark ∙ Charlotte Fornø Finland ∙ Ilkka Aalto-Setälä and Eeva-Riitta Siivonen France ∙ Nicole Coutrelis and Thomas Gourdeau France ∙ Nicole Coutrelis and Sandra Caussanel Romania ∙ Anca Jurcovan and Andreea Oprisan Slovakia ∙ Peter Hodal Sweden ∙ Ida Otken Eriksson...

Karel Lannoo
Bank State Aid under BRRD and SRM
European State Aid Law Quarterly 4/2014: pp. 630-635 [Opinion]
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I. Introduction The agreements on the Bank Recovery and Resolution Directive (BRRD) and the Single Resolution Mechanism (SRM), the second pillar of banking union, weremilestones.1 One of the key objectives is to ensure that insolvent banks can be resolved in an orderly and uniformmanner in the EUwithout State aid. A single resolution board will play the key role in ensuring that this process unfolds under a unique governance structure, at least for the Eurozone.Asingle bank resolution fund sh...

Phedon Nicolaides and Maria Kleis
A Critical Analysis of Environmental Tax Reductions and Generation Adequacy Provisions in the EEAG 2014-2020
European State Aid Law Quarterly 4/2014: pp. 636-649
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The new Guidelines on State Aid for Environmental Protection and Energy which were adopted on the 9th of April 2014 are broader in scope than the previous Guidelines. This article argues that the provisions of the EEAG with respect to reductions of environmental taxes and green levies are inadequate in several respects. In particular, they are weak on the necessity and proportionality of aid. The article also considers the inclusion of generation adequacy objectives in the new Guidelines. Alt...

Joachim Sanden
The EEAG 2014-2020 and the Remediation of Contaminated Sites
European State Aid Law Quarterly 4/2014: pp. 650-664 [Article]
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The article deals with restrictions by EU State aid law on the remediation of contaminated sites and the recycling of derelict land. In particular, the State aid guidelines for environmental protection, the General Block Exemption Regulation and the de minimis Regulation concretise the exception according to Article 107(3)(c) TFEU. All these regulations are part of the current State aid modernisation ('SAM') agenda by the European Union announced in summer 2013. The article concentrates on th...

Marta Villar Ezcurra
EU State Aid and Energy Policies as an Instrument of Environmental Protection: Current Stage and New Trends
European State Aid Law Quarterly 4/2014: pp. 665-674 [Article]
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Climate change, combined with the current financial crisis creates a huge, multi-level and multi-faceted problemfor EUMember States. The overall aimof this contribution is to analyse the role of the EU Environmental State aid regime in the form of tax reliefs in the energy sector, as an effective instrument to promote environmental protection. Accordingly, EU competition policy not only represents a very strong system to limit Member State tax powers, but also a way to enforce environmental s...

Klaus-Otto Junginger-Dittel
New Rules for the Assessment of Notifiable Regional Aid to (Large) Investment Projects under the Regional Aid Guidelines 2014-2020
European State Aid Law Quarterly 4/2014: pp. 677-688 [Article]
[Click here to show Abstract]

This article discusses the differences introduced by the European Commission’s new Guidelines on Regional State Aid for 2014-20 and the new rules for notifiable regional aid to large investment projects under the new General Block Exemption Regulation. Keywords: GBER; Compatibility of Aid; Large Scale Investment; Regional Aid.

I. Introduction In June 2013 the European Commission adopted its Guidelines on regional State aid for 2014-20201 (‘RAG 2014-20’). These Guidelines apply ...

Barbara Cattrysse
The Newly Adopted Risk Finance State Aid Rules
European State Aid Law Quarterly 4/2014: pp. 689-697 [Article]
[Click here to show Abstract]

Access to finance is one of themost pressing problems of SMEs in Europe. In particular when young and small, SMEs lack collateral and a track record, the absence of which means that private finance providers rarely consider investing in them. With the objective of better responding to the prevailing market failures in access to finance and encouraging Member States and private investors to provide on a risk-sharing basis repayable financing at preferential conditions to SMEs, the risk capital...

Irina Orssich
State Aid for Films and Other Audio-Visual Works: The 2013 Cinema Communication
European State Aid Law Quarterly 4/2014: pp. 698-706 [Article]
[Click here to show Abstract]

The audio-visual sector has important cultural and economic significance. The Cinema Communication aims to reconcile the conflicting goals of promoting culture, as a nationally defined concept and controlling the economic activities related to it, from a State aid and internal market perspective.While Europe is good at producing some 1,500 films annually, for the most part those films stay on national markets and do not cross borders.1 In 2011, the European Commission launched a review of the...

Nina Niejahr
It may be zero! CJEU highlights national courts’ authority to review and determine amounts of aid to be recovered

European State Aid Law Quarterly 4/2014: pp. 707-711 [Case Law - Annotation]
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Annotation on the Judgment of the Court of Justice of 13th of February 2014 in Case C-69/13 Mediaset SpA v Ministerio dello Sviluppo Economico

Mediaset III, the judgment in Case C-69/13 on a preliminary ruling request from an Italian court, follows the earlier unsuccessful direct appeals by Mediaset before the GC and the CJEU of a 2007 Commission decision ordering recovery of incompatible indirect aid granted under an Italian aid sche...

Thomas Müller
The Right to Compensation and Regulation 1191/69: A legal dilemma solved

European State Aid Law Quarterly 4/2014: pp. 712-715 [Case Law - Annotation]
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Annotation on the Judgment of the Court of Justice of the EU of 3rd April 2014 in Joined Cases C‑516/12 to C‑518/12 CTP - Compagnia Trasporti Pubblici SpA v Regione Campania and Provincia di Napoli

The Italian Council of State asked the CJEU to interpret Articles 4 and 6 of Regulation 1191/69 in order to solve a legal dilemma: Should the Articles be interpreted ‘teleologically’ or ‘systematically’? The Court opts for a third way of interpr...

Jose Manuel Panero Rivas
Testing the Soundness of the Commission’s Practice on State aid to the Financial Sector

European State Aid Law Quarterly 4/2014: pp. 716-724 [Case Law - Annotation]
[Click here to show Abstract]

Annotation on the Judgment of the Court of Justice of 3rd of April 2014 in C-224/12 P Commission v ING

I. Introduction and Background to the Case The ING case was the first judgment of the General Court (GC) concerning the Commission’s practice in the field of State aid to the financial sector during the financial crisis.1 In other words, during a relatively long stretch of time (2008-2012), during which the Commission adopted more than 300 decision...

Oreste Pallotta
The procedural effect of the judgment annulling a Commission decision on State Aid

European State Aid Law Quarterly 4/2014: pp. 725-728 [Case Law - Annotation]
[Click here to show Abstract]

Annotation on the Judgments of the Court of Justice of 7th of November 2013 in Case C-560/12 P Wam Industriale SpA v Commission and Case C- 587/12 P Italian Republic v European Commission

I. The Issues of the Proceedings and their Background Althoughthe judgments inquestionrelate to two separate proceedings brought before the Court of Justice of the European Union1 - one by the companyWam SpA, who was beneficiary of an unlawful State aid, and the other b...

Lukas Ritzenhoff
Legitimate Expectations in Reasonable Delay – Regional aid to Hotels in Sardegna

European State Aid Law Quarterly 4/2014: pp. 729-734 [Case Law - Annotation]
[Click here to show Abstract]

Annotation on the Judgments of the European Court of Justice of 13th of June 2013 in Joined Cases C-630/11 P to C-633/11 P Regione autonoma della Sardegna and Others v European Commission.

This case shows that the CJEU adopts a practical approach towards the fundamental principles of Community law relevant to State aid procedures whilst at the same time paying full attention to parties’ procedural rights. The CJEU allowed the Commission to adopt a c...

François-Charles Laprévote, Charlotte Emin and Florine Coupé
The (French) Postman Rings Twice in Vain: The Court of Justice upholds of the GC’s judgment in La Poste

European State Aid Law Quarterly 4/2014: pp. 735-740 [Case Law - Annotation]
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Annotation on the Judgment of the Court of Justice of the EU (First Chamber) of 3rd April 2014 in Case C-559/12 P French Republic v Commission

The La Poste case concerns the appeal brought by the French Republic against the 2012 GC decision,which found that the implied unlimited State guarantee granted by France in favour of La Poste, the state-owned French postal services provider, constituted State aid incompatible with the internal market. The Court upheld the GC...

Antonis Metaxas and Panagiota Makri
Case T-150/2012 – or - in a nutshell: What not to invoke in State Aid Cases

European State Aid Law Quarterly 4/2014: pp. 741-746 [Case Law - Annotation]
[Click here to show Abstract]

Annotation on the Judgment of the General Court (Seventh Chamber) of 9th of April 2014 in Case T-150/12 Greece v Commission

I. Introduction In its judgment of 9th April 2014 in Case T-150/12 Greece v Commission (‘the judgment’)1 the General Court (GC) upheld the Commission’s Decision (‘the Decision’) ordering Greece to recover aid granted to associations of agricultural cooperatives and cereal producers in 2008.2 The aid consisted of a series of measures whi...

Andrea Usai, Dr. Rose M. D’Sa,
Book Reviews
European State Aid Law Quarterly 4/2014: pp. 747-753 [Book Reviews]
[Click here to show Abstract]

Financing Services of General Economic Interest- Reform and Modernization by Erika Szyszczak and Johan Willem van de Gronden (eds) Springer, Berlin Heidelberg, 2013, 295 pp., ISBN 978-90-6704-906-1, €117.65.

European Union Law of State Aid by Kelyn Bacon (ed) Second edition, Oxford University Press, 2013, 572 pp., ISBN: 978-0- 19-966506-8, £195.

EU State Aids by Leigh Hancher, Tom Ottervanger and Piet Jan Slot (eds) Fourth Edition, Sweet and Maxwell, 2012, 1183 pp., ISB...

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