Antitrust / Competition Law European Union Law Law

Directory of EU Case Law on State Aids 5th Edition

By Cees Dekker
Kluwer Law International September 2024

Specifications

ISBN-13
9789403537085
Publisher
Kluwer Law International
Publication
September 2024
Format
Hardback

Details

Directory of EU Case Law on State Aids, now in its fifth edition, is an immensely useful book that follows the same proven format as its predecessors, updates its analysis of case law with hundreds of new decisions by the courts of the European Union (EU), and thus remains the quickest source of reference for practitioners working with EU State aid matters. Adhering to a highly organized sequence of subject headings, it furnishes extracts from all judgments and orders of both the Court of Justice and the General Court of the EU on the Treaty on the Functioning of the European Union (TFEU) rules on State aids. The book encompasses the relevant case law of both courts. Additional material on many subjects, among which the concept of State aid, direct taxation and the State aid provisions, particularly on tax rulings, advantages for undertakings, selectivity, forms of State aid, procedures and unlawful aids, is also featured in this book.

With this book, practitioners will quickly find relevant paragraphs and full citations regarding all issues raised by Articles 107–109 TFEU, including the following and much more:

  • territorial scope of State aids;
  • Article 107(1) European Commission and World Trade Organization 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 many areas, the extracts relate to points of the judgments which are not or only partially covered in official summaries.

For accessibility of this case law, this updated edition of the pre-eminent analysis of EU State aid case law has no peers. Practitioners in this key area of EU competition law will find this book indispensable.

Table of Contents

Preface
List of Abbreviations
1.
Article 107(1) TFEU: Aim and Scope
2.
Prohibition of Article 107(1) TFEU
3.
Concept of State Aid
4.
Undertakings
5.
Advantage for Undertakings
6.
Test of a Private Operator in a Market Economy
7.
Requirement of Selectivity
8.
Aid Granted by the State or Through State Resources
9.
Intra-Union Trade and Competition
10.
Direct Taxation and the State Aid Provisions
11.
Taxes for the Financing of State Aids
12.
Forms of State Aid
13.
Aid for the Financing of Public Services
14.
Compatible State Aids (Article 107(2) and (3) TFEU)
15.
Guidelines of the Commission
16.
Supervision of State Aids (Article 108 TFEU)
17.
Existing Aids and New Aids
18.
Aid Schemes
19.
Notification of Aid Plans
20.
Preliminary Investigation Procedure
21.
Formal Investigation Procedure
22.
Unlawful Aid
23.
Recovery of Unlawful Aid
24.
Statement of Reasons of State Aid Decisions
25.
Proceedings Brought by the Commission Against a Member State
26.
Judicial Protection: General Issues
27Judicial Protection of Competitors
28.
Complaints on State Aid
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)
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