Sixty Years of EU State Aid Law and Policy - Analysis and Assessment

Sixty Years of EU State Aid Law and Policy: Analysis and Assessment provides a critical review of State aid, from its evolution to the practical implementation of current rules. If an EU industrial policy can be said to exist, its contours may be found in the complex and evolving concept of State aid. Because approaching any State aid issue can be fraught with multiple and sometimes conflicting interpretations, an in-depth analysis of the rationales, initiatives and regulations that constitute the State aid system is much needed. In response to this need, this book provides a fine-grained clarifying context through which recent reforms, policy shifts and judicial decisions concerning State aid can be understood and applied to specific situations.

What’s in this book:

Focusing on the impacts of landmark cases and policy developments leading to a deeply informed critique of the current State Aid Modernisation Programme, the authors cover such issues and topics as the following:

• linkages to other established and evolving EU common policies and common strategies;
• effect of EU State aid rules in the expanding geopolitical regions of EU influence;
• interaction with the WTO Subsidies and Countervailing Measures Agreement;
• the problem of a ‘subsidies culture’;
• how the European Commission’s notion of ‘bad’ State aid has evolved;
• effect of EU policy imperatives (e.g., environmental goals) which implicitly argue for increased subsidisation;
• nexus with EU tax harmonisation;
• competition among undertakings versus competition among Member State policies; and
• nature of the quasi-devolution of regulatory responsibilities to EU Member States.

This book is a crucially important source of both theoretical enlightenment and practical wisdom that enables lawyers and practitioners to confidently progress through any legal matter involving EU State aid rules. As an up-to-date coverage of EU State aid law and policy, this book serves as a handbook for national and international officials, in-house counsel and the academic community throughout the EU, the EEA, the Energy Community, EU Candidate and Association countries and in other countries which have signed or are continuing to negotiate free trade agreements with the EU.

About the Authors

Preface

List of Abbreviations

List of Tables

Chapter 1

Introduction

Chapter 2

State Aid and How the EU System Works

Chapter 3

The Evolution of Treaty Rules on State Aid

Chapter 4

Milestones and Landmark Cases in the Development of State Aid Law and Policy from 1957 to 2017

Chapter 5

The Process and Progress of State Aid Reforms

Chapter 6

State Aid Regulation and Other EU Policies

Chapter 7

Assessment, Conclusions and Future Directions

Annexes

Annex 1 Main Provisions of EU Law: Articles 106 to 109 of the Treaty on the Functioning of the European Union (TFEU)

Annex 2 Extracts from the WTO Subsidies and Countervailing Measures Agreement, 1994

Annex 3 References and Citations

Bibliography

Table of European Court Cases

Table of Legislation

Index