The Law of State Aid in the European Union

by ; ;
Format: Hardcover
Pub. Date: 2004-03-11
Publisher(s): Oxford University Press
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Summary

EC state aid law represents an increasingly important part of EC competition law. The case law at national and European levels is growing rapidly, both in quantity and importance. Significant and increasingly frequent legislative and regulatory measures have been adopted at the European level in this field. There are various reasons for this developing EU focus on public intervention in the economy, however the fundamental and primary rational is the completion of the internal market, and the pressure which that brings for liberalization and privatization. This volume analyzes the concept of aid and examines fundamental questions concerning the scope of state aid law. It also offers a comparison with WTO provisions on subsidies and looks at EEA and applicant states' state aid regimes. It then focuses upon selected areas of state aid law and policy. The final part of the book is devoted to an assessment of the system of remedies and enforcement both at the EU and national level. The contributors to this volume come from a wide variety of backgrounds: they include academics, practitioners, the judiciary, and Government representatives at both national and EU level.

Author Biography


Andrea Biondi is Lecturer in Law and Co-Director of the Centre of European Law at King's College London. Piet Eeckhout is Professor of European Law and Director of the Centre of European Law, King's College London. James Flynn is a Barrister of Brick Court Chambers, London and Brussels.

Table of Contents

Introduction vii
F.G. Jacobs
Stop Press: The Altmark Judgment xv
Tables of Cases xvii
Tables of Legislation xxxvi
Notes on Contributors xlviii
GENERAL ISSUES 1(204)
1. Definition of Aid
3(38)
Richard Plender QC
2. Can State Aid Control Learn from Antitrust? The Need for a Greater Role for Competition Analysis under the State Aid Rules
41(26)
Christian Ahlborn and Claudia Berg
3. The Financial Assistance Granted by Member States to Undertakings Entrusted with the Operation of a Service of General Economic Interest
67(18)
Cesare Rizza
4. Decentralization, Effectiveness, and Modernization: Contradictions in Terms?
85(18)
Malcolm Ross
5. State Aid and Obstacles to Trade
103(14)
Andrea Biondi and Piet Eeckhout
6. Recent Developments in Commission State Aid Policy and Practice
117(16)
Maria Rehbinder
7. State Aid Regulation in Candidate Countries: The Case of Poland
133(16)
Anna Fornalczyk
8. The International Context of EC State Aid Law and Policy: The Regulation of Subsidies in the WTO
149(40)
Luca Rubini
9. The EEA State Aid Regime
189(16)
Michael Sánchez Rydelski
SELECTED AREAS 205(76)
10. General Taxation and State Aid
207(12)
Conor Quigley QC
11. State Aid and Public Undertakings with Specific Reference to the Airline Sector
219(12)
Konstantinos Adamantopoulos
12. State Guarantees as State Aid: Some Practical Difficulties
231(14)
Mark Friend
13. State Aid and Environmental Protection
245(20)
Gerry Facenna
14. The Financing of Public Service Broadcasting
265(16)
Sandra Coppieters
REMEDIES AND ENFORCEMENT 281(76)
15. Remedies in the European Courts
283(20)
Leo Flynn
16. The EC State Aid Regime: The Need for Reform
303(20)
Sir Jeremy Lever KCMG QC
17. The Role of National Courts
323(14)
James Flynn QC
18. State Aids in the English Courts: Definition and Other Problems
337(20)
Kelyn Bacon
EPILOGUE 357(6)
19. The Experience of an English Judge in Handling State Aid Cases
359(4)
The Hon Mr Justice Silber
Index 363

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