The Law of State Aid in the European Union

Front Cover
Andrea Biondi, Piet Eeckhout, James Flynn
Oxford University Press, 2004 - 389 pages
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.

 

Contents

Introduction
vii
The Altmark Judgment
xv
Tables of Legislation
xxxvi
Notes on Contributors
xlviii
Can State Aid Control Learn from Antitrust? The Need for
41
The Financial Assistance Granted by Member States
67
State Aid and Obstacles to Trade
103
Recent Developments in Commission State Aid Policy and Practice
117
State Aid and Public Undertakings with Specific Reference
219
Some Practical Difficulties
231
State Aid and Environmental Protection
245
The Financing of Public Service Broadcasting
265
Remedies in the European Courts
283
The Need for Reform
303
The Role of National Courts
323
Definition and Other Problems
337

The Case of Poland
133
The EEA State Aid Regime
189
General Taxation and State Aid
207
The Experience of an English Judge in Handling State Aid Cases
359
Copyright

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