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Book Reviews journal article

Mor Bakhoum, Andreas Bartosch, Simon Pilsbury

European State Aid Law Quarterly, Volume 12 (2013), Issue 3, Page 617 - 621

Structure and Effects in EU Competition Law, Studies on Exclusionary Conduct and State Aid Edited by Jürgen Basedow and Wolfgang Wurmnest Kluwer Law International, The Netherlands, 2011, ISBN: 9041131744, 368 pp., $155,– (approx. €117,–)

VO (EG) 1370/2007– Kommentar: Verordnung über öffentliche Personenverkehrsdienste auf Schiene und Straße Regulation (EC) No 1370/2007 – Commentary: R


Book Reviews journal article

Andreas Bartosch, Robert Ertl

European State Aid Law Quarterly, Volume 12 (2013), Issue 4, Page 753 - 755

Münchener Kommentar – Europäisches und Deutsches Wettbewerbsrecht (Kartellrecht) – Band 3 Beihilfen- und Vergaberecht Munich commentary – European and German Competition Law (Antitrust Law) – Third Volume: State Aid and Public Procurement Law Edited by Günter Hirsch, Frank Montag, Franz Jürgen Säcker C.H. Beck (Munich) 2011, ISBN 978 3 406 55914 3, XLI, 2348 pp. 378,00 €

Das Beihilfe- und Ver


Procedural Rights Denied for Too Long: Is Legal Conservativism Finally Heading for Its “Götterdämmerung”? journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 10 (2011), Issue 4, Page 580 - 581

In accordance with the traditional approach, State aid procedure is regarded as a dialogue between the European Commission and the Member States, in which third parties, whether they be beneficiaries, or the beneficiaries’ actual or potential competitors or even complainants, are classified merely as “sources of information”. In the well known Sytraval case (C-367/05 P), the European Court of Justice (ECJ) squashed the hopes of third parties that had built up, for a shor


An Opportunity to Make Sense – Finally – Will It Materialize? journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 10 (2011), Issue 2, Page 187 - 188

To this journal the long-awaited publication of the report and the communication on socalled services of general economic interest on 23 March 2011 is of somewhat historical significance. When this Quarterly was created in early 2002, it entered its first runway with a discussion of the late Ferring judgment. Both the battlegrounds on which various Advocate Generals of the European Court of Justice fought for the “correct” notion of an aid in the specific context of offs


Case Note on EDF v Commission journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 9 (2010), Issue 3, Page 5

I. The procedural Background The State aid investigation conducted by the European Commission into various possible advantages granted by the French State to Électricité de France (EDF) looked at three different aspects, i.e., first, the unlimited State guarantee EDF benefitted from, second, the reform of the pension scheme for the electricity and the gas sector and, third, the transformation of a part of the provisions made in anticipation of future


Where will we find Innovation? journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 9 (2010), Issue 4, Page 731 - 732

Every industry is dependent on innovation, brought about by the skills of those who work in it. For an academic journal as our Quarterly this is likewise true. The difference however is that the latter depends so much more on external sources. The natural provider of such innovation has been the European Commission which in mid-2005 launched the well-known “State aid Action Plan” overhauling great chunks of secondary legislation in this field of competition law and creating a


The EdF Ruling – an electrifying Enlightening journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 9 (2010), Issue 2, Page 2

EStAL 2|2010 Editorial 267 Things have long seemed to be clear-cut and easy. The so-called “market economy investor principle” (in short: the “MEIP”) has been regarded to apply only in those cases where the State acts in its role as an economic operator comparable to a private one whilst it has been excluded wherever the exercise of public powers were concerned. As a prime example of the latter fiscal measures have regularly been cited. On 15 December 2009 the General Co