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The End of Procedural Reform: the Commission, the Member States and Third Parties = the Teams that lose journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 7 (2008), Issue 1, Page 2

Procedure in State aid matters and its reform have consistently been issues that this journal kept close to its heart. A number of editorials published herein since its inception almost six years ago pleaded in favour of such a reform, seen to be advantageous, even indispensable from a number of different angles. More recent speeches of the Competition Commissioner pointing to the realisation of this project therefore lit candles of hope. However, rec


The Ruling in BUPA – Clarification or Modification of Altmark? journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 7 (2008), Issue 2, Page 1

It is hardly imaginable to find a ruling handed down by the Luxembourg Community Courts that allowed journals dealing with European Competition and in particular European State aid control law to fill so many of their pages as the one in Altmark handed down by the Grand Chamber of the European Court of Justice on 24 July 2003. Prior to 12 February this year the debate around the famous four Altmark criteria has however almost ceased down completely. C


Has it all Been Done in the Proper Way? journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 6 (2007), Issue 2, Page 1

According to settled case-law developed by the Community Courts and likewise solid decisional practice by the European Commission the recovery of an aid is the logical consequence of a finding that it is unlawful. If, however, the Member State does not want to recover the illegal aid, it is in principle free to choose other means. Any such alternative measure must evidently be a suitable instrument for re-establishing the conditions of competition whi


Two years into the State Aid Action Plan – where do we stand? 5th Experts’ Forum on new developments in European State Aid Law 2007e journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 6 (2007), Issue 4, Page 5

On 21 and 22 May 2007 the European State Aid Law Institute held its 5th Annual Experts’ Forum on new developments in European State aid control, once again, as in the two preceding years, in the Brussels Concert Noble. This year almost 300 delegates from all in all 23 different countries attended this regular event. Competition Commissioner Neelie Kroes opened the conference by her keynote speech titled “Two years into the SAAP – State of Play and pro


The Procedural Regulation in State Aid Matters journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 6 (2007), Issue 3, Page 10

A. Introduction Following decades during which the administrative procedure in State aid matters was modelled solely by the Commission’s practice and the case-law of the Luxembourg Community Courts the Council adopted on 22 March 1999 a „Regulation laying down detailed rules for the application of Article 93 (now: 88) of the Treaty“1. This Regulation entered into force on 16 April 1999.2 Since then a number of tricky legal issues have arisen in cases


Possibly the beginning of a long and winding road journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 6 (2007), Issue 3, Page 2

Private enforcement in State aid matters is a fascinating subject. This journal has always endeavoured to comment on the rulings handed down by the Luxembourg Community Courts on this subject (such as e. g. Van Calster, SWNB and F.J. Pape, as well as Transalpine Ölleitung) and, however selectively, on the body of national rulings in this area. Step by step the Community Courts have woven the carpet showing how private enforcement should work ever tigh


The more refined economic approach – still some room for fine-tuning? journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 6 (2007), Issue 4, Page 2

Since its inception the so-called “more economic approach”, digging its way from merger control passing by Article 82 into State aid control, has been partly hailed as the coming of a new era, partly refused as, despite being an honourable goal in itself, misconceived. One of the more fundamental criticisms voiced is that its practical implementation, in particular in the new risk capital guidelines for SMEs and for R&D&I applying the newly created ba


Transalpine Ölleitung – Still many Questions to Answer journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 6 (2007), Issue 1, Page 2

On 5 October 2006 the European Court of Justice gave another ruling on the State aid implications in the long-winding story of partial energy rebates granted in Austria. For purposes of this short editorial this highly complicated story may be summarised as follows: Following a reference by the Austrian constitutional court the ECJ had already ruled on 8 November 2001 that the grant of rebates on energy levies only to undertakings the core business of whic


With Greetings from the Azores journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 5 (2006), Issue 4, Page 2

In early September this year the European Court of Justice handed down one of its most awaited judgments – at least by those actively, whether from a practical or from an academic angle, involved in the domain of European State aid control. The Institute of which this Journal is the official publishing outlet had put the discussion on the contents of this ruling high on the agenda of its annual experts’ forum in May this year – only to be surprised and, ye


More Powers for the National Judge? journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 5 (2006), Issue 3, Page 1

In my editorial for the last issue of this journal I made some comments on the role of the national judiciary in general. This was largely prompted by the prior publication of the second report on the enforcement of EC State aid rules at national level. May I first excuse myself to the readers of this publication for revisiting this subject. This may look rather unimaginative, but, in my view, a more recent judgment of the European Court of First Instance