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This immensely useful book is a quick source of reference for
practitioners working with EC State aid matters. Following a highly organized
sequence of subject headings, it presents extracts from all relevant
judgements and orders of both the European Court of Justice and the Court of
First Instance on the EC Treaty rules on State aid (Articles 8789). Each
subject heading starts with extracts having a more general meaning, followed
by extracts relating to specific points or situations. Under each extract or
summary, the judgements and orders are referred to by case number in ascending
order. The articles of the EC Treaty are cited according to the method of
citation pursuant to the renumbering of the articles of that treaty brought
about by the Treaty of Amsterdam. The book covers all the case law of both
courts until March 2008.
With this book practitioners will quickly find relevant paragraphs and full
citations regarding all issues raised by Articles 8789 EC, including the
following and much more:
territorial scope of State aids;
Article 87(1) EC and WTO agreements;
conditions for categorizing a national measure as State aid;
free movement of goods;
common agricultural policy;
powers and discretion of the Commission;
private vs. public investment;
justification of selective measures;
aid liable to affect trade and to distort competition;
the Altmark conditions for public service aid;
locus standi of trade associations; and
scope, nature, and limits to the Council’s power under Article 88(2) EC.
In many areas, the extracts in this book relate to points of the judgements
which are not or only partially treated in official summaries.
For accessibility of this case law, this book has no peers. Practitioners in
the field of EC State aid law will find it indispensable.
Foreword. 1. Article 87 EC: Aims and Scope. 2. The
Prohibition of Article 87(1) EC. 3. Concept of State Aid. 4.
Advantages for Undertakings. 5. The Test of a Private Operator in a
Market Economy. 6. Requirement of Selectivity. 7. Aid Granted by
the State or through State Resources. 8. Intra-Community Trade and
Competition. 9. Taxes for the Financing of State Aids. 10. Forms
of State Aid. 11. Aid for the Financing of Public Services. 12.
Compatible State Aids (Article 87(2) and (3) EC). 13. Guidelines of the
Commission. 14. Supervision of State Aids (Article 88 EC). 15.
Existing Aids and New Aids. 16. Aid Schemes. 17. Notification of
Aid Plans. 18. The Preliminary Investigation Procedure. 19. The
Formal Investigation Procedure. 20. Unlawful Aid. 21. Recovery
of Incompatible Aid. 22. Statement of Reasons of State Aid Decisions.
23. Proceedings Brought by the Commission against a Member State. 24.
Judicial Protection: General Issues. 25. Judicial Protection of
Competitors. 26. Complaints on State Aid. 27. Derogations by the
Council from Article 87 EC. Annexes: 1. Articles 87 to 89 EC. 2.
Council Regulation (EC) No 659/1999 of 22 March 1999 Laying Down Detailed
Rules for the Application of Article 88 of the EC Treaty.