EU State Aid Law - Emerging Trends at the National and EU Level

Recent years have seen significant evolution in the European Commission’s approach to State aid policy. This thought-provoking book analyses the enforcement of State Aid law in the aftermath of the State aid Modernization initiative, identifying a number of emerging trends at both national and EU level.

Eminent scholars unpack the recent developments that have contributed to the decentralization of the enforcement of State Aid law, including the General Block Exemption Regulation which allows a larger number of aid schemes to be implemented by national authorities without prior notification to the European Commission. Timely contributions also consider the increasing role of national courts in the enforcement of State aid rules, as well as the Commission’s current reliance on State Aid policy to pursue common objectives of EU interest, thus shaping a de facto EU industrial policy.

This discerning book is a key resource for students and scholars specializing in both State Aid law and EU law more widely. Containing detailed analysis of the legal and economic consequences of State Aid Modernization, EU State Aid Law will also interest practitioners, economists, and public officials involved in State Aid enforcement.

Preface xv

1 Introduction 1
Pier Luigi Parcu, Giorgio Monti and Marco Botta
2 Is the notion of aid broadening or shrinking over time,
and if so, why? A subjective view on the rationale of the
case law 18
Massimo Merola and Filippo Caliento
3 State aid control: recent developments and some
remaining challenges 54
Alberto Heimler
4 Infrastructures and SGEI: the scope of State aid control
and its impact on national policies 70
Ginevra Bruzzone and Marco Boccaccio
5 State aid policy in the broadband sector: public
announcements, investments and crowding out 99
Pier Luigi Parcu and Maria Alessandra Rossi
6 The functions of national courts in the private enforcement
of State aid law 121
Fernando Pastor-Merchante and Giorgio Monti
7 New trends in State aid enforcement by national courts:
damages claims and the State aid cooperation tools 141
Simone Donzelli and Bernadette Willemot-Nieuwenhuys
8 A recipe for confusion: parallel treaties and parallel
proceedings in State aid cases 170
Adam Scott
9 Recent developments in German State aid jurisprudence:
a scrutiny from the perspective of the preliminary
reference procedure (Art. 267 TFEU) 194
Josef Weinzierl
10 Enforcement of State aid law at the national level: recent
trends in Spain 218
Juan Jorge Piernas López

Index 240