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State Aid and the National Judiciary: Where Do we Stand? journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 5 (2006), Issue 2, Page 1

In his introductory remarks to the delegates of this year’s 4th Annual Forum of the European State Aid Law Institute held on 18 and 19 May 2006 in Brussels Judge Arjen Meij of the European Court of First Instance quoted some statistics from the Court’s Annual Report 2005. Out of a total of 574 judgments, opinions, and orders delivered in that year by the European Court of Justice 23 related to State aid, which is – by numbers only – hardly more than 4%


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


State Aid Control in Europe and elsewhere journal article

Andreas Bartosch

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

There are indeed many things that European Union representatives regard to be uniquely ‘communautaire’. In other words, they can arguably be found nowhere else on this planet, which some take as proof that Europe is still the best place on earth to be in. One of these uniquely European things is State aid control. Indeed, it has (so far) only been the European Union that has given itself a regulatory framework watching over the way its Member States spend



Distortions of Competition on the Markets for the Operation of Airport Infrastructures: the Commission’s New Guidelines journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 4 (2005), Issue 4, Page 8

The upcoming decision of the U.S. Supreme Court in Cuno v. DaimlerChrysler is an excellent window through which to view tax subsidies provided by State and local governments in the United States and to contrast them to State aid in the European Union. The Cuno case, which has thrown the local public finance and business communities in the United States into an uproar, has called into question the widespread use by subnational governments of tax incentives


On this Journal journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 3 (2004), Issue 2, Page 1

With the publication of this issue this Journal is closing its second year of existence. Within this short lifespan it has achieved one major goal: the European State Aid Law Quarterly is currently been distributed to subscribers in almost 40 countries, including every single one of the current EU and EFTA Member States as well as those that will accede to the European Union on 1 May this year. The idea that originated the launch of EStAL was a feeling sha


Much Ado about Nothing? journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 3 (2004), Issue 1, Page 1

Within its short lifespan this journal has been dedicated to following up in some detail the discussion surrounding the State aid character of public financing of public service obligations. In July 2003 the Altmark judgment was hailed as a landmark ruling that clarified the exact scope of Article 87 (1) EC in this area. Representatives of the Member States welcomed the essential support provided for the 2001 Ferring solution. On the contrary, the Commissi


Advocate General Léger and the Market Economy Investor Test: Still a long Way to go journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 2 (2003), Issue 1, Page 4

© Lexxion Verlagsgesellschaft mbH · Berlin · Germany ????? ?? ???????? ? ??t?? ?|???? i Editorial Advocate General Léger and the Market Economy Investor Test: Still a long Way to go 1 Andreas Bartosch Articles Compensations of Stranded Costs in the European Union 3 Electricity Sector Brice Allibert State Aid in Energy Taxation Measures: First Experiences from 21 Applying the Enviromental Aid Guidelines 2001 Brigitta Renner-Loquenz


The Redemption of the Liquidator journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 2 (2003), Issue 2, Page 2

In the October Issue of last year the Editorial of this journal had looked at some important aspects of the Commission’s practice concerning the recovery of illegally granted aid. In a number of cases the Commission had decided that – under specific circumstances – a third party acquiring assets of the beneficiary of the aid could be held liable to repay the advantages previously granted. Hence the obligation to repay had been transferred from the original


Has the Commission Practice Applied Double Standards? journal article

Andreas Bartosch

European State Aid Law Quarterly, Volume 2 (2003), Issue 3, Page 1

Every contribution in this Issue deals with the Court’s landmark ruling on Altmark. Within the short period of its existence, this Journal has consistently tried to reflect the on-going discussion on State aid surveillance over compensation of public service fulfilment. Apart from the many questions that the ruling of 24 July 2003 is likely to pose, this is perhaps one more political aspect of the practice followed thus far by the European Commission that,