By: Rene Barents 

ISBN: 9789403544410

Published: 6 Jun 2022

International Competition Law Series #37

About this book:

Directory of EU Case Law on State Aids, currently in its fourth edition, is a nonpareil book covering the relevant case law of both the Court of Justice and the General Court of the European Union (EU). The current edition of this crucial book follows the same proven format as its predecessors, updates its analysis of case law with hundreds of new decisions by the courts of the EU, and thus continues to be the quickest source of reference for practitioners working with EU State aid matters. A highly organized sequence of subject headings is followed and it presents extracts from all judgments and orders of both the courts of the EU on the Treaty on the Functioning of the European Union (TFEU) rules on State aids. A new chapter on legal protection and additional material on the concept of State aid, advantages for undertakings, selectivity, forms of State aid, procedures and unlawful aids also form a part of this edition.

What’s in this book:

This book will furnish practitioners with relevant paragraphs and full citations regarding all issues raised by Articles 107-109 TFEU, including, inter alia, the following:

-       territorial scope of State aids;

-       Article 107(1) EC and WTO Agreements;

-       conditions for categorizing a national measure as State aid;

-       free movement of goods;

-       undertakings;

-       private versus public investment;

-       justification of selective measures;

-       interstate trade and competition;

-       tax measures;

-       restructuring aids;

-       procedural aspects; and

-       locus standi of trade associations.

In several instances, the extracts relate to points of the judgments which are either not or only partially covered in official summaries.

How this will help you:

For accessibility of this case law, this updated edition of the eminent analysis of EU State aid case law is peerless. This book will prove to be indispensable to practitioners in this key area of EU competition law.

Table of Contents:

Preface

List of Abbreviations

CHAPTER 1

Article 107(1) TFEU: Aim and Scope

CHAPTER 2

Prohibition of Article 107(1) TFEU

CHAPTER 3

Concept of State Aid

CHAPTER 4

Undertakings

CHAPTER 5

Advantage for Undertakings

CHAPTER 6

Test of a Private Operator in a Market Economy

CHAPTER 7

Requirement of Selectivity

CHAPTER 8    

Aid Granted by the State or Through State Resources

CHAPTER 9    

Intra-Union Trade and Competition

CHAPTER 10 

Direct Taxation and the State Aid Provisions

CHAPTER 11 

Taxes for the Financing of State Aids

CHAPTER 12 

Forms of State Aid

CHAPTER 13 

Aid for the Financing of Public Services

CHAPTER 14 

Compatible State Aids (Article 107(2) and (3) TFEU)

CHAPTER 15 

Guidelines of the Commission

CHAPTER 16 

Supervision of State Aids (Article 108 TFEU)

CHAPTER 17 

Existing Aids and New Aids

CHAPTER 18 

Aid Schemes

CHAPTER 19  

Notification of Aid Plans

CHAPTER 20 

Preliminary Investigation Procedure

CHAPTER 21 

Formal Investigation Procedure

CHAPTER 22  

Unlawful Aid

CHAPTER 23 

Recovery of Unlawful Aid

CHAPTER 24 

Statement of Reasons of State Aid Decisions

CHAPTER 25  

Proceedings Brought by the Commission Against a Member State

CHAPTER 26 

Judicial Protection: General Issues

CHAPTER 27 

Judicial Protection of Competitors

CHAPTER 28 

Complaints on State Aid

CHAPTER 29 

Derogations under Article 108(2) Tfeu

Appendix I

Articles 107-109 TFEU

Appendix II

Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (codification) (Text with EEA relevance)