EU State Aid Control - Law and Economics - Second Edition

EU State Aid Control, currently in its second edition, is an in-depth analysis of the legal and economic principles of EU State aid control, thoroughly exploring the central rationales of State aid and the various trade-offs that underlie the rules and decisions taken by the Commission and the Courts. When the first edition of EU State Aid Control – Law and Economics was published eight years ago, it was a first-of-its-kind book.

Since then, the world has seen a great deal of developments that seemed to be a thing of the past: Brexit, the COVID-19 pandemic, and Russia’s invasion of Ukraine. European politics and the law of the European Union have had to adapt to these challenges and changes, and EU State aid law has been no exception. In recent years, the European Commission has reviewed and adapted the General Block Exemption Regulation (GBER), as well as its Guidelines and communications covering practically all areas of State aid control. New rules have also sprouted, such as the EU/UK Trade and Cooperation Agreement, a new set of crisis rules in the wake of the COVID-19 pandemic, the Foreign Subsidies Regulation, and the Temporary Crisis and Transition Framework, which are all profoundly influencing, expanding, and modifying State aid control law and practice in the EU. Concurrently, the European Courts have shaped State aid law through several significant judgments.

What’s in this book:

The current edition of this book reflects these developments and their legal and economic implications. It has been thoroughly revised, updated and expanded. New chapters include:

• a chapter on State aid control beyond the EU, dealing with Brexit and the Foreign Subsidies Regulation;
• a chapter on State aid in times of crisis, which discusses not only the COVID rules but also the broader implications of the use of temporary crisis rules on the enforcement of State aid rules; and
• chapters on State aid procedure and private enforcement of State aid.

How this will help you:

As a critical assessment of the current status of EU State aid control from both legal and economic perspectives and as an authoritative guide through its complexities and pitfalls, this book will be highly appreciated, now and in the years to come, by all stakeholders required to understand, interpret and apply the State aid rules.

Editors
Contributors
Editorial
Philipp Werner & Vincent Verouden

CHAPTER 1 Introduction: The Law and Economics of EU State Aid Control
Vincent Verouden & Philipp Werner

PART I The Notion of State Aid

CHAPTER 2 Advantage
Giuseppe Conte & Mohammed Khalil

CHAPTER 3 State Measure
Antonios Bouchagiar

CHAPTER 4 Selectivity
Michael Honoré

CHAPTER 5 Distortion of Competition and Effect on Trade
Jacques Derenne & Laurent Eymard

CHAPTER 6 State Aid Control Beyond the EU: Legal Convergence and Unilateral Expansion
Pablo Ibánez Colomo & Damien Neven

PART II Compatibility of State Aid

CHAPTER 7 Compatibility of State Aid with the Internal Market
Leigh Hancher & Phedon Nicolaides

CHAPTER 8 The General Block Exemption Regulation
Koert van Buiren & Alexander Rose

CHAPTER 9 Ex Post Evaluation of Aid
Xavier Boutin, Zsolt Udvari & Daniele Vidoni

CHAPTER 10 Research, Development and Innovation Aid, IPCEI
Jan Bonhage & Otto Toivanen

CHAPTER 11 Regional Aid
Hans W. Friederiszick, Elzbieta Glowicka & Massimo Merola

CHAPTER 12 Risk Finance Aid
Isabel Taylor, Albert Bravo-Biosca & Michael Troege

CHAPTER 13 Rescue and Restructuring Aid
Ulrich Soltész & Frank Maier-Rigaud

CHAPTER 14 Services of General Economic Interest
Cees Dekker & Vincent Verouden

CHAPTER 15 State Aid in Times of Crisis: Temporary Frameworks and the Boundaries of State Aid Policy
Alfonso Lamadrid de Pablo, Virginia Romero Algarra & Adina Claici

PART III State Aid in Specific Sectors

CHAPTER 16 Infrastructure Aid
Ida Rødseth & Till Müller-Ibold

CHAPTER 17 State Aid in the Broadband Sector
Hein Hobbelen, Oliver Stehmann & Baptist Vleeshouwers

CHAPTER 18 State Aid in the Postal Services Sector
Alessandra Fratini & Marc Chovino

CHAPTER 19 Law and Economics of State Aid Control in the Aviation Sector
François-Charles Laprévote, Nicole Robins & David Pérez de Lamo

CHAPTER 20 Aid to the Railway Sector
Udo Woll & Fabrizio Spargoli

CHAPTER 21 Climate, Environmental Protection and Energy Aid
Lluís Saurí Romero & Kai Struckmann

CHAPTER 22 Aid to Broadcasting, Culture and Sports
Christine Gerlach, Hannah Schauf & Caroline Buts

CHAPTER 23 Aid in the Banking Sector
Athena Kontosakou, Dimitrios Magos & Stephen Mavroghenis

CHAPTER 24 State Aid and Privatisation
Andreas von Bonin, Florian Reiter-Werzin & Sean Ennis

PART IV Procedural Aspects

CHAPTER 25 State Aid Procedure
Max Klasse

CHAPTER 26 Private Enforcement under State Aid Law in Light of Its Effective Role in Competition Law
Adam Scott

Index