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Research Handbook on European State Aid Law

Research Handbook on European State Aid Law

  • Author:
  • Publisher: Edward Elgar Publishing
  • ISBN: 9781849802741
  • Published In: September 2011
  • Format: Hardback , 456 pages
  • Jurisdiction: Europe ? Disclaimer:
    Countri(es) stated herein are used as reference only
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    This timely new Handbook reflects on current issues that confront State aid law and policy in the EU.

    State aid was a neglected area of competition law until attempts to modernise it became central to the Lisbon process 2000 where the aim was to encourage ‘intelligent’ State aid by reducing aid to specific sectors and by making better use of aid for horizontal projects central to EU integration concerns. This policy framework has underpinned the new approach to State aid policy in the EU in recent years and informs many of the chapters in this book. Contributions from leading academics, regulators and practising lawyers, discuss topics devoted to modernisation, problems faced by recent enlargements of the EU, the role of State aid in the fiscal crisis and recession, the role of the private market investor test, regional aid, environmental aid and the review of the Altmark ruling. Perspectives on State aid law and policy from the disciplines of economics and political science are also explored in detail.

    Research Handbook on European State Aid Law will appeal to academics, regulators, national and EU government officials, practitioners and postgraduate students who are involved in State aid law.

  • Preface
    Erika Szyszczak

    1. Modernization of State Aid Policy
    Thibaut Kleiner

    2. State Aid Control from a Political Science Perspective
    Michael Blauberger

    3. State Aid in the Accession States
    Alexander Birnstiel and Helge Heinrich

    4. The Role of Economics in State Aid Analysis and the Balancing Test
    Lorenzo Coppi

    5. The Market Economy Investor: An Economic Role Model for Assessing State Aid
    James Kavanagh, Gunnar Niels and Simon Pilsbury

    6. The Intersection between the Market Economy Investor Principle and the One Time-last Time Principle in the Context of Airline Restructuring Operations
    Antigoni Lykotrafiti

    7. The Great Recession and Other Mishaps: The Commission’s Policy of Restructuring Aid in a Time of Crisis
    Christian Ahlborn and Daniel Piccinin

    8. The Concept of Selectivity?
    Andreas Bartosch

    9. State Aid and Taxation in EU Law
    Claire Micheau

    10. Regional State Aid
    Maja-Alexandra Dittel and Klaus-Otto Junginger-Dittel

    11. State Aid in the Energy Sector
    Leigh Hancher and Francesco Salerno

    12. The Relationship between State Aid and the Single Market
    Andrea Biondi and Martin Farley

    13. Altmark Assessed
    Erika Szyszczak

    14. European Economic Rights and National State Aids Policy in Conflict: The Problem of the Democratic Securing of Welfare
    Michelle Everson

    15. Procedural Aspects of EU State Aid Law and Practice
    Michael Schütte

    16. Judicial Review of Commission Decisions in State Aid
    Herwig C.H. Hofmann and Alessandro Morini

    17. State Aid and the Role of National Courts
    Paolisa Nebbia

    18. State Aid (Subsidies) in International Trade Law
    Rike Krämer and Markus Krajewski 

    Index
  • Edited by Erika Szyszczak, University of Leicester, Littleton Chambers, Temple, UK

  • 'Erika Szyszczak and the team have come up trumps with a modern comment on state aid and policy. Thank you!’
    – Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine

    ‘This fine collection of essays demonstrates in a very articulate way why EU State aid law has taken the centre stage of EU law. In eighteen chapters the reader is provided with a fascinating snapshot of the main issues and developments of the law. The key elements of the EU policy are analysed in a critical way often leading to new insights. In addition the book contains a wealth of material greatly facilitating further research.’
    – Piet Jan Slot, University of Leiden, The Netherlands

    ‘European state aid law needs more self-questioning and more intellectual debate. In my view, this Research Handbook is a very valuable contribution to this necessary process. It correctly identifies the most intellectually problematic issues within state aid law and asks the right questions. This may be due to the balance in the excellent selection of contributors, coming both from the academia and from practice. This guarantees, on the one hand, that the questions are relevant in practice and not purely theoretical but also provides, on the other hand, for a rigorous analytical approach when confronting the issues. The result is a fresh and interesting new look to many of the basic issues of state aid law.’
    – José Luis Buendia Sierra, Garrigues, Brussels, Belgium, and King’s College London, UK

    ‘This Research Handbook provides an in-depth exploration of some of the most difficult and controversial issues in current State aid law and policy. It is unusual in providing not only a legal but also an economic and political science perspective on this rapidly developing area of EU law. The Handbook will be a welcome addition to the shelves of State aid practitioners and academics alike.’
    – Kelyn Bacon, Brick Court Chambers, London, UK

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