State Aid Law of the European Union

Rules controlling State aid and subsidies on the EU and the WTO level can have a decisive influence on both regulatory and distributive decision-making. This field of law has grown exponentially in importance and complexity over the past decades. Rules on State aid and subsidies control are one of the key instruments to ensure that public spending and regulatory measures do not lead to discriminatory distortions of competition. As a consequence, hardly any part of national law is free from review under criteria of State aid and subsidy regulation. In turn, State aid and subsidies law is linked to economic, constitutional, administrative law of the EU and the Member States as well as to public international law. This book brings together leading experts from academia, the judiciary, civil servants from the European Commission, and practising lawyers to provide expert opinion and commentary on the diverse dimensions of the complex and vital area of law. Critically analysing and explaining developments and current approaches in State aid law and subsidies, the chapters take into account not only the legal dimensions but also the economic and political implications. They address the EU law applicable to State aid in the aftermath of the recent State Modernisation reform, and coverage includes: an in-depth analysis of the notion of State aid as interpreted by the Court's cases-law and the Commission's practice; the rules on compatibility of State aid with the internal market; the rules governing the procedure before the Commission; the litigation before the Court of Justice of the European Union; and analysis of the other trade defence instruments, including WTO subsidy law and EU anti-subsidy law. - Provides an in-depth analysis and critical examination of State aid and subsidies law - Contextualizes the economic and political implications of the various dimensions of EU State Aid law - Variety of perspectives from academia, practice, the judiciary, and civil service provide a rounded approach and analysis of the topic

Part I: Rationales for State Aid Rules 1: Activity in a Multi-level System: Motivations for Aid, Why Control It, Evolution of Aid in the EU, Herwig Hofmann 2: Evolution of Aid in the EU: Classifying Different Types of Countries, and the Financial and Economic Crisis, Raj Chari 3: Evolution of State Aid Rules: Conceptions, Challenges, and Outcomes, Claire Micheau Part II: The Notion of State Aid 1: Criterion of State Origin, Erika Szyszczak 2: The Notion of Undertaking, Wolf Sauter 3: Criterion of Advantage, Aindrias O Caoimh and Wolf Sauter 4: Criterion of Selectivity, Robert Cisotta 5: Distortion of Competition and Effect on Trade Between EU Member States, Erika Szyszczak 6: Public Procurement and State Aid, Christopher Bovis 7: European Structural, Investment Funds, and State Aid Control, Katerina Pantazatou Part III: Compatibility Rules on State Aid 1: General Theory on Compatibility of State Aid, Tim Maxian Rusche 2: De Jure Compatible Aid under Article 107 (2) TFEU, Massimo Orzan 3: Aid Subject to a Discretionary Assessment under Article 107 (3) TFEU, Ramona Ianus and Massimo Orzan 4: Rescue and Restructuring Aid, Tim Maxian Rusche 5: Transport Aid (Article 93 TFEU), Tim Maxian Rusche 6: Aid Deemed to be Compatible with the Internal Market: The General Block Exemption Regulation (GBER), Ramona Ianus Part IV: Procedures before the Commission 1: The Administrative Procedure - the Privileged Dialogue, Leigh Hancher 2: The Different Stages in the State Aid Procedure, Leigh Hancher, Francesco Maria Salerno, and Michael Schuette 3: Recovery of Unlawful Aid and the Role of the National Courts, Bucura Catalina Mihaescu Part V: Judicial Review Before the Court of Justice of the European Union 1: Introduction: EU State Aid Litigation in a Quasi-Federal System, Hanns Peter Nehl and Viktor Kreuschitz 2: Direct Actions and Judicial Review before the Union Courts, Hanns Peter Nehl 3: Decentralized Judicial Review and Enforcement of EU State Aid Rules, Viktor Kreuschitz Part VI: Global Approach of State Aid Law - WTO Law and EU Trade Defence Instruments 1: WTO Subsidy Laws: The International Regulation of State Aid, Luca Rubini 2: Anti-subsidy Law and Practice of the European Union, Juhi Sud and Edwin Vermulst