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The System of Remedies in Public Competition Law: State Aid and Foreign Subsidies

The System of Remedies in Public Competition Law: State Aid and Foreign Subsidies

Author: Massimo Merola
Publisher: Kluwer Law International
ISBN: 9789403532578
Published In: June 2025
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,438.02

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Description
Contents

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Remedies in Public Competition Law is an exhaustively researched and compelling book. A well-known authority on EU State aid examines the system of remedies available in cases of infringement of State aid rules and proposes a specific approach to reform. This book brings together an in-depth analysis of the origins, stated goals, and fundamental principles of the system of recovery of unlawful aid with recommendations designed to ensure effective deterrence, rectify competitive distortions caused by unlawful aid and mitigate conflicts between Member States and aid beneficiaries.

What’s in this book:

In the process of delineating the substantive and procedural rules, including enforcement criteria, that constitute the backbone of the current system of remedies – as well as highlighting the uncertainties and inconsistencies that a comprehensive reform should seek to address – the analysis explores the following contextual factors:

inclusion of aid beneficiaries in administrative procedures
establishment of a specific procedure for determining remedies
adaptation of the system of remedies to the modernisation of State aid law, including objectives such as
budgetary discipline and effective tackling of economic crises
clarification of the notion of the status quo ante
enforcement of State aid law by national courts
harmonisation of national laws governing the private enforcement of State aid rules, and
convergence of State aid law and foreign subsidies law to create a comprehensive system of remedies for public competition law as a whole

How this will help you:

The author’s call for urgent, comprehensive reform of the EU’s State aid system of remedies promises to enhance policy coherence and effectiveness. Both theoretical and practical, the book will nourish scholarship in the field and greatly assist in the work of interested policymakers and practitioners.

INTRODUCTION

PART ONE: PUBLIC ENFORCEMENT OF STATE AID RULES

INTRODUCTION TO PART ONE

I THE BACKBONE OF THE RECOVERY SYSTEM: ESSENTIAL PRINCIPLES, ENFORCEMENT CRITERIA, AND BASIC SUBSTANTIVE AND PROCEDURAL RULES

II MODERNISATION OF THE COMMISSION’S RECOVERY NOTICE: ACHIEVEMENTS AND LIMITS

III REFORM OF THE PUBLIC ENFORCEMENT SYSTEM OF REMEDIES AND MODERNISATION

FINAL REMARKS ON PART ONE

PART TWO: PRIVATE ENFORCEMENT OF STATE AID RULES

INTRODUCTION TO PART TWO

I ORIGIN AND SOURCES OF THE PRIVATE ENFORCEMENT OF STATE AID LAW

II THE 2009 COMMISSION NOTICE ON THE ENFORCEMENT OF STATE AID LAW BY NATIONAL COURTS: FOCUS ON REMEDIES

III PREPARATORY WORKS LEADING TO THE ADOPTION OF THE NEW PRIVATE ENFORCEMENT NOTICE AND MAIN CHANGES INTRODUCED

IV CHANGES INTRODUCED WITH THE NEW PRIVATE ENFORCEMENT NOTICE

V BACKBONE PRINCIPLES OF THE PRIVATE ENFORCEMENT SYSTEM OF REMEDIES: SUBSTANTIVE CRITERIA

VI BACKBONE PRINCIPLES OF THE PRIVATE ENFORCEMENT SYSTEM OF REMEDIES: PROCEDURAL RULES

FINAL REMARKS ON PART TWO

I THE ROLE OF NATIONAL COURTS IN STATE AID ENFORCEMENT, IN A NUTSHELL

II THE IMPACT OF MODERNISATION ON PRIVATE ENFORCEMENT OF STATE AID RULES

III THE PERSISTENT SHORTCOMINGS OF THE SYSTEM OF REMEDIES AFTER ADOPTION OF THE NEW ENFORCEMENT NOTICE

IV CONCLUSIONS

PART THREE: COMPARATIVE ANALYSIS

INTRODUCTION TO PART THREE

I THE FSR’S STRUCTURE AND A SUMMARY OF ITS MOST SALIENT FEATURES

II ENFORCEMENT-RELATED FEATURES OF THE FSR

III THE FSR’S SYSTEM OF REMEDIES

IV OTHER POTENTIAL MODELS FOR THE REFORM OF REMEDIES IN THE FIELD OF STATE AID

FINAL REMARKS ON PART THREE

PART FOUR: SCOPE OF REFORM

INTRODUCTION TO PART FOUR

I TOOLS OF REFORM: THE DIFFERENT OPTIONS – HOW TO ACHIEVE A SUBSTANTIAL REFORM OF THE SYSTEM OF REMEDIES THROUGH SOFT LAW AND CREATIVE JURISPRUDENCE

II ESSENTIAL PRINCIPLES THAT SHOULD UNDERLIE A REFORM OF SECONDARY LAW

III MODIFICATION OF THE PROCEDURAL REGULATION’S PROVISIONS ON REMEDIES

IV HARMONISATION OF NATIONAL LAWS GOVERNING THE PRIVATE ENFORCEMENT OF STATE AID RULES

FINAL REMARKS ON PART FOUR

CONCLUSIONS

BIBLIOGRAPHY

TABLE OF LEGISLATION

TABLE OF CASES

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