Subjects:

EU Law, Competition Law

Contents:

The EU's Basic Rules on State Aid

The prohibition of State aid in art.87(1) of the EC Treaty

Different kinds of aid

Article 87 in more detail

Exceptions in art.87(2)

Exceptions in art.87(3)

The Commission's exercise of its powers under art.87

The possibility for exceptions to the prohibitions of State aid in art.87(1) adopted by the Council

The Council's powers under art.89 to make appropriate regulations for the application of arts 87 and 88

The scope of application of the State aid rules

The Administrative Procedure in State Aid Cases

Notification and procedure

Article 88 of the EC Treaty on notification

Regulation (EC) No.659/1999 on procedural rules

The Transparency Directive

Commission communication on the application of arts 87 and 88 of the EC Treaty and of art.5 of the Transparency Directive to public undertakings in the manufacturing sector

The Regulation on horizontal State aid

Horizontal Aid

The De Minimis Regulation

Introduction to the General Block exemption Regulation (GBER)

Environmental aid

Aid for research, development and innovation

Aid for rescuing and restructuring firms

Regional aid

Risk capital investments in small and medium-sized enterprises

State aid and tax

State guarantees and other financial instruments

Privatisation

Sectoral Aid

Coal and Steel

Shipbuilding

Synthetic fibre (textiles) and motor vehicles

Air transport

Maritime transport

Export aid

Export credit insurance and State aid

Deprived urban areas

The electricity sector

Aid for transport by rail, road and inland waterway

Agriculture

Fisheries

Services of general economic interest

Radio and television and compensation for public service obligations

The Relationship Between the Treaty State Aid Rules, and Between Those Rules and Other Treaty Rules

The relationship between art.87 and art.73 on aid to the transport sector

The relationship between art.87 and art.76 on the prohibition of fares etc. in respect of transport involving any element of support or protection of one or more particular undertakings or industries

The relationship between art.86 and art.73

The relationship between the notification requirement in art.88(3) and art.86(2) on compensation for the operation of services of general economic interest

The relationship between art.87 and art.86(2) on undertakings with public service obligations

The relationship between art.87 and art.36 on aid to agriculture

The relationship between art.87 and art.81 on agreements restricting competition, and art.82 on abuse of dominant position

The relationship between art.87 and art.28 on quantitative restrictions on imports and all measures having equivalent effect

The relationship between art.87 and art.31 on State monopolies of a commercial character

The relationship between art.87 and art.90 on discriminatory internal taxes and art.25 on customs duties on imports and exports and charges having equivalent effect

Selected Topics

On the legal nature of the Commission's framework provisions, guidelines, notices and letters on State aid

State aid and mergers of undertakings

The market economy investor principle

Cross-subsidisation

Cumulation of aid

Aid ceilings, aid intensity and grant equivalent

Preferential energy tariffs

Repayment of State Aid

What must be repaid?

Calculation of interest

Who must carry out the Commission's decision on repayment and under what rules?

Who must repay?

Protection of legitimate expectations

Repayment which is de facto impossible

Non-compliance with a decision to recover State aid

Judicial Protection in State Aid Cases

Control by the Community courts

Control by the national courts

In June 2005 the European Commission launched a comprehensive reform of state aid rules and procedures. This book provides an up to date, practical examination of the basic state aid rules of the EC treaty, the procedural rules, EC court practice and the role of the national courts, in light of this reform. It presents a detailed examination of the various types of horizontal aid and sectoral aid to offer a comprehensive understanding of each.

The authors go through the basic principles and procedural rules, and cover all the relevant issues with regard to article 87 of the European Community Treaty and other relevant state aid articles. It offers practical examples of how to calculate procedural time limits and aid intensities; describes the processes involved in recovering aid, and covers the role of the courts in state aid.

• Provides detailed coverage of horizontal aid, including aid for SME, training aid, employment aid, environmental aid, rescue and restructuring aid and aid for research, development and innovation.
• Covers sectoral aid, including coal and steel, shipbuilding, synthetic fibres, transportation, export, electricity, agriculture and fisheries.
• Provides a detailed examination of the relationship between EC-treaty rules on state aid and other rules on the treaty.
• Features detailed references to cases and legislation.