The Law of State Aid in the European UnionAndrea 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 |