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European Community Law of State Aid

European Community Law of State Aid

Author: Kelyn Bacon
Publisher: Oxford University Press
ISBN: 9780199543014
Published In: March 2009
Format: Hardback
Jurisdiction: Europe ? Disclaimer:
Countri(es) stated herein are used as reference only

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Comprehensive and accessible analysis of the legal aspects of state aids in the EC, encompassing substantive changes taking place under the EC's State Aids Action Plan
Coverage of practical issues such as procedures for notification to the Commission, the various outcomes of the Commission's investigation, and judicial remedies in the European Courts
Sets out the role of national courts in enforcement, and the application of various types of aid (including regional aids, horizontal aids and aids to specific sectors) to industry sectors
Written by a team of barristers and solicitors who are recognized experts in the field
This is a comprehensive work for practitioners on the Law of State Aids in the European Community, and is accessible to practitioners who do not specialise in competition law, as well as being a reference book for competition lawyers. The book discusses the substantive changes taking place under the EC's State Aid Action Plan, including the Regional Aid Guidelines, the creation of a General Block Exemption (consolidating the previous Block Exemptions for Training, SMEs and Employment, as well as extending to R&D, the Environment and Regional aspects) and the adoption of a Decision and Guidelines on the Services of General Economic Interest. Other innovations concern new Guidelines for R&D and Innovation, as well as the environment, Communications on interest rates, short term credit insurance and risk capital, modifications to the transparency directive and a new Framework on State aid to Shipbuilding.

It covers the background and development of EC State Aid law, and the concept of State Aid, as well as more practical issues such as procedures for notification to the Commission and the various outcomes of the Commission's investigation, and judicial remedies in the European Courts. It also sets out the role of national courts in the enforcement of State Aid rules, and the actual application of various types of aid, including regional aids, horizontal aids and aids to specific industry sectors.

Readership: Legal practitioners in the EC specialising in competition law, academics in the field, and non-specialist practitioners, in particular commercial practitioners.

PART I: GENERAL RULES

1. Introduction Kelyn Bacon and Alison Oldale

2. Concept of state aid Kelyn Bacon

3. Compatibility of aid: general principles Kelyn Bacon

4. State aid rules and other treaty provisions Kelyn Bacon

5. International agreements Damir Kaufman

PART II: SPECIFIC TYPES OF AID

6. Environmental aid Rachel Bickler

7. Employment and training aid Ilan Sherr

8. Rescue and restructuring aid Cyrus Mehta

9. Research and development aid Rachel Bickler

10. Risk-capital Cyrus Mehta

11. Small and medium-sized enterprises Ilan Sherr

12. Agriculture and fisheries Michael Cardwell

13. Transport (including shipbuilding) Marjorie Holmes and Lesley Davey

14. Media and Communications Katherine Holmes and Fred Houwen

15. Energy, Coal and Steel Noel Watson-Doig

16. Regional aid Fiona Wishlade

PART III: ENFORCEMENT AND REMEDIES

17. Supervision by the Commission Kelyn Bacon

18. Judicial remedies in the European Courts Kelyn Bacon

19. National Court Proceedings Kelyn Bacon and James Flynn QC

Kelyn Bacon, Barrister, Brick Court Chambers

Contributors:

Kelyn Bacon, Barrister, Brick Court Chambers
Rachel Bickler, Nabarro Nathanson
Michael Cardwell, School of Law, University of Leeds
Lesley Davey, Reed Smith Richards Butler LLP
James Flynn QC, Brick Court Chambers
Katherine Holmes, Reed Smith Richards Butler LLP
Marjorie Holmes, Reed Smith Richards Butler LLP
Fred Houwen, Reed Smith Richards Butler LLP
Damir Kaufman, Ministry of Finance, Republic of Croatia
Cyrus Mehta, Partner, Nabarro Nathanson
Alison Oldale, LECG Ltd
Ilan Sherr, Nabarro Nathanson
Richard Waite, Reed Smith Richards Butler LLP
Noel Watson-Doig, CMS Cameron McKenna LLP
Fiona Wishlade, European Policies Reseach Centre, University of Strathclyde

"It is particularly clear in exposing the complementary and separate roles of the ECJ and national jurisdictions in the application and enforcement of State aid rules" - Pierre-Emmanuel Dupont, European Business Law Review