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Competition and State Aid: An Analysis of the EU Practice, 2nd Edition

Competition and State Aid: An Analysis of the EU Practice, 2nd Edition

Author: Alberto Santa Maria
Publisher: Kluwer Law International
ISBN: 9789041158185

Previous Edition ISBN: 9789041126177
Published In: July 2015
Format: Hardback , 440 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Since the first edition back in 2007 this masterful book has established itself as the preeminent resource for practitioners who must interpret, on a case-by-case basis, the relation of State aid to EU inter-state competition. This second edition – updated and revised by lawyers of the Santa Maria group, the most prominent law firm handling State aid cases before EU and Member State tribunals – brilliantly captures the current state of this vexed relationship. Detailing numerous additional case profiles from the years since the first edition, the book combines deep familiarity with the relevant features of European Union law and the expertise that the firm has built in its everyday practice. Among the considerations connected with the ‘State aid phenomenon’ and the cases arising from it, the twelve expert authors explore and clarify such issues and topics as the following:

the Commission’s increasing policymaker role;
the new procedural framework stemming from State Aid Modernisation;
State aid and the financial crisis;
rights of defence of undertakings involved in State aid proceedings;
the principles of legitimate expectations, legal certainty, and proportionality as the discriminating elements of recovery orders
the importance of focusing on the actual elements that demonstrate the distortion (or the potential distortion) of competition and the existence of real prejudice to trade;
State aid and insolvency proceedings;
the relevance of internal tax procedures;
the locus standi of private parties (aid recipients and their competitors) before the EU Courts;
cooperation and conflict between the Commission and national courts on State aid matters;
State aid to particular sectors (e.g., sport, agriculture, transports, environment and energy, broadband); and
potential disadvantages likely to arise from different structural rules among Member States.

As in the first edition, the approach throughout is eminently practical, with detailed attention to procedure before the Commission, EU courts, and national courts. Because of the authors’ specialist know-how in handling a wide variety of relevant situations from many different points of view, 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 European law at all levels.

Features

New revised and updated edition of the preeminent legal resource on State aid and competition.
Penetrating analysis and interpretation of the relation of State aid to EU inter-state competition.
Analysis of all major legal developments and trends at the intersection of State aid and competition in Europe.

Benefits

Proceed confidently through any case involving State aid and competition in Europe.
Master the intricacies of the Commission’s policy on State aid as it effects competition.
Stay abreast of changes and trends in matters involving State aid and competition.

Editor

Contributors

List of Tables

List of Figures

Chapter 1 Remuneration of Top Executives and Service Contracts Christoph Van der Elst & Theo Raaijmakers

PART I The European Union Perspective on Executive Remuneration

Chapter 2 The European Remuneration Framework: Recent Policy Changes and Their Implications on Executive Remuneration Contracts Christoph Van der Elst & Marinka van Falier

Chapter 3 The EU’s Approach to Banks’ Executive Remuneration Tom Dijkhuizen

PART II The Common Law Approach of Executive Compensation

Chapter 4 The Contractual Structure of Executive Remuneration in the UK Carsten Gerner-Beuerle

Chapter 5 U.S. CEO Employment Agreements and Non-competition Provisions: A Literature Survey Randall S. Thomas & Norman D. Bishara

PART III The Civil Law Strategy of Executive Pay

Chapter 6 Rules and Practices of Executive Service Contracts in Belgium Christoph Van der Elst

Chapter 7 French Executive Remuneration Policies: New Transparency Requirements for French Executives’ Compensation Véronique Magnier

Chapter 8 Directors’ Remuneration in Germany Christoph Teichmann & Olga Gurman

Chapter 9 Directors’ Remuneration in Italy Matteo Solinas

Chapter 10 Executive Pay and Say-on-Pay in the NetherlandsAnne Lafarre & Christoph Van der Elst

PART IV Alternative Views on Executive Benefits

Chapter 11 Executive Service Contracts: The Icelandic Perspective in Danish Contrast Stefan Thor Ingimarsson & David Orn Sveinbjornsson

Chapter 12 Legal Aspects of Executive Remuneration in Polish Listed Companies Arkadiusz Radwan & Tomasz Regucki

Chapter 13 Executive Directors’ Contracts and Remuneration in Romanian Company and Capital Market Law Radu N. Catana., Adrian C. Popa & Vlad Verdes

Bibliography

Index