The Concept of State Aid Under EU Law
From internal market to competition and beyond
Series: Oxford Studies in European Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 6 August 2015
- ISBN 9780198748694
- Binding Hardback
- No. of pages314 pages
- Size 240x174x24 mm
- Weight 626 g
- Language English 0
Categories
Short description:
Analysing the evolution of the legal concept of State aid in the EU, this book examines the main formulas established by the Court of Justice of the EU since the early 1950s, underpinning the legal boundaries of State aid in relation to the historical, political, economic, and legal evolution of its field of application: the internal market.
MoreLong description:
How has the evolution and transformation of the Common Market affected the legal concept of State aid? How has State aid adapted to the development of the European Union? These questions and more are answered in Juan Jorge Piernas López's examination of the historical, political, constitutional, and economical events that have affected the development of State aid in the EU.
Examining three key, interwoven arguments, this book provides a richer understanding of current formulas which depict the concept of aid through the prism of policy and enforcement considerations. First, the book demonstrates that the concept of aid is a 'living instrument' that has been applied in accordance with the main policy priorities of the European Commission. Second, contrary to what has been affirmed in other literature, the evolution of this concept has been influenced by the broader advancement of the case law of the Court of Justice in different periods of the integration process. Third, the author contends that the study of the evolution of the concept of aid in light of policy and case law provides a holistic outlook valuable to the decision making process of difficult cases. In this regard, the book provides criteria to interpret and discuss cases including Sloman Neptun, Philip Morris, and Azores, beyond the analysis traditionally adopted in this field.
Piernas' recurring argument is that by focusing on the position of the Commission and developments in state aid policy, it is possible to provide a better understanding of the development of the case law. If only because of the novelty of this effort, the work is certainly a major and remarkable contribution to the field of state aid law. State aid law has not yet been approached on this basis and the coherent and consistent discussion of case law is in itself likely to set the book up as one of the important referential works for some time to come... Piernas has produced an important piece of scholarship with a clear added value.
Table of Contents:
Introduction
Origins of Subsidy Control
The Evolution of European State Aid Policy
The Notion of Advantage
The Notion of Selectivity
The Notion of Aid Granted by the State or Through State Resources
The Notion of Distortion of Competition and Effect on Trade
Case Study: State Aid for Banks During the Financial Crisis
The Concept of Aid Under EU Law: From Internal Market to Competition and Beyond
Conclusion
