Buch, Englisch, 350 Seiten
An Analysis of the EC Practice
Buch, Englisch, 350 Seiten
ISBN: 978-90-411-2617-7
Verlag: Wolters Kluwer
What are the real issues underlying the Commission’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 (‘Studio
Santa Maria’) 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 authors’ 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 Community’s objectives. Among the considerations
connected with the ‘State aid phenomenon’ and the cases arising from it, the
authors explore and clarify such factors as the following:
the meaning of ‘unlawful’ 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 authors’ specialist know-how in handling a wide
variety of relevant situations from many different points of view, on a
case-by-case basis, the book’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.
Autoren/Hrsg.
Fachgebiete
Weitere Infos & Material
Introduction Alberto Santa Maria Chapter I The Concept of State Aid Martino Ebner and Edoardo Gambero Chapter II Exemptions from the General Incompatibility Principle under Articles 87 (2) and (3) EC Niccolò Landi Chapter III Existing Aid Paola Piroddi Chapter IV State Aid and Insolvency Proceedings Claudio Biscaretti di Cuffia Chapter V The State Aid Control Process before the European Commission Maia M.E. Reni Chapter VI Recovery of Unlawful and Incompatible Aid Edoardo Gambaro and Antonio Papi Rossi Chapter VII The Judicial Phase Edoardo Gambaro Chapter VIII Unlawful State Aid: Protection by National Courts Alberto Tedoldi Chapter IX Professional Sport and Competition Alberto Santa Maria, Annexes, Bibliography, Index
