Competition And State Aid: An Analysis of the EC Practice

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  • Format: Hardcover
  • Copyright: 2007-10-30
  • Publisher: Wolters Kluwer Law and Business

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What are the real issues underlying the Commissionrs"s extensive application of Article 87 EC in relation to State aid schemes? in this important new interpretation of the relation of State aid to EU inter-state competition, nine prominent Italian jurists of Santa Maria law firm (ls"Studio Santa Mariars") present arguments and case studies showing that the widely-embraced, persistent assessment whereby State aid is expressly linked to competition law is fundamentally misconceived. Instead, they contend, the true starting point for such assessment lies in whether the Member state granting the aid has observed (or failed to observe) any of the fundamental freedoms. This re-orientation, In the authorsrs" view based primarily on extensive representation of Italian undertakings and trade associations and even of the Italian Government in State aid cases both restores the spirit in which Article 87 EC was intended to operate and promotes the full accomplishment of the Communityrs"s objectives. Among the considerations connected with the ls"State aid phenomenonrs" And The cases arising from it, the authors explore and clarify such factors as the following: the meaning of ls"unlawfulrs" aid; the growing significance of such fundamental principles as legal certainty; proportionality, and legitimate expectations; the jurisdiction of the European Court of Justice over state aid cases; the recovery obligation; And The importance of focusing on the actual elements that demonstrate the existence of prejudice to trade. The approach throughout is eminently practical, with attention to procedure before the Commission, Community courts, and national courts and it is based upon EC documents and acts as well as orders and judgments by national courts the more significant of which are published in the related Annexes. Because of the authorsrs" specialist know-how in handling a wide variety of relevant situations from many different points of view, On a case-by-case basis, The bookrs"s authority can hardly be doubted. it is sure to be of great value to practitioners in all EU Member states, As well as to economists, policymakers, and jurists dealing with Community law at all levels.

Table of Contents

Introductionp. 1
The Notion of State Aidp. 15
Exemptions from the General Incompatibility Principle under Article 87 (2) and (3) of the EC Treatyp. 49
Existing Aidp. 89
State Aid and Insolvency Proceedingsp. 123
The State Aid Control Process before the European Commissionp. 149
Recovery of Unlawful and Incompatible Aidp. 183
The Judicial Phasep. 221
Unlawful State Aid: Protection by National Courtsp. 263
Professional Sport and Competitionp. 291
Commission Decisions Cited in the Textp. 313
ECJ Judgments and Orders Cited in the Textp. 323
CFI Judgments and Orders Cited in the Textp. 333
EC State Aid Rules Cited in the Textp. 339
Referral Order of 11 February 2004 Genoa Tax Provincial Commission (English version translated from Italian)p. 345
ECJ Judgment of 15 December 2005 Case C-148/04p. 357
Referral Order of 28 February 2006 Pordenone Tax Provincial Commission (English version translated from Italian)p. 377
ECJ Order of 14 September 2006 Case C-336/04p. 381
Judgment of 27 February 2007 Pordenone Tax Provincial Commission (English version translated from Italian)p. 391
Order of TAR Brescia of 21 March 2006p. 399
Bibliographyp. 405
Indexp. 413
Table of Contents provided by Blackwell. All Rights Reserved.

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