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Abstract:
This book is a quick source of reference for practitioners working with EC state aid matters. Following an organised sequence of subject headings, it presents extracts from all relevant judgements and orders of both the European Court of Justice and the Court of First Instance on the EC Treaty rules on state aid (Articles 8789).
Each subject heading starts with extracts having a more general meaning, followed by extracts relating to specific points or situations. Under each extract or summary, the judgements and orders are referred to by case number in ascending order. The articles of the EC Treaty are cited according to the method of citation pursuant to the renumbering of the articles of that treaty brought about by the Treaty of Amsterdam. The book covers all the case law of both courts until March 2008.
With this book practitioners will quickly find relevant paragraphs and full citations regarding all issues raised by Articles 8789 EC, including the following and much more:
- territorial scope of state aids
- Article 87(1) EC and WTO agreements
- conditions for categorizing a national measure as state aid
- free movement of goods
- common agricultural policy
- powers and discretion of the Commission
- undertakings
- private vs. public investment
- justification of selective measures
- aid liable to affect trade and to distort competition
- the Altmark conditions for public service aid
- restructuring aids
- administrative procedure
- locus standi of trade associations
- scope, nature, and limits to the Council’s power under Article 88(2) EC.
In many areas, the extracts in this book relate to points of the judgements which are not or only partially treated in official summaries. Practitioners in the field of EC state aid law will find it indispensable.
Contents:
1. Article 87 EC: Aims and Scope
2. The Prohibition of Article 87(1) EC
3. Concept of State Aid
4. Advantages for Undertakings
5. The Test of a Private Operator in a Market Economy
6. Requirement of Selectivity
7. Aid Granted by the State or through State Resources
8. Intra-Community Trade and Competition
9. Taxes for the Financing of State Aids
10. Forms of State Aid
11. Aid for the Financing of Public Services
12. Compatible State Aids (Article 87(2) and (3) EC)
13. Guidelines of the Commission
14. Supervision of State Aids (Article 88 EC)
15. Existing Aids and New Aids
16. Aid Schemes
17. Notification of Aid Plans
18. The Preliminary Investigation Procedure
19. The Formal Investigation Procedure
20. Unlawful Aid
21. Recovery of Incompatible Aid
22. Statement of Reasons of State Aid Decisions
23. Proceedings Brought by the Commission against a Member State
24. Judicial Protection: General Issues
25. Judicial Protection of Competitors
26. Complaints on State Aid
27. Derogations by the Council from Article 87 EC.
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