Implementation of the Green Deal: Journal Artikel Integrating Environmental Protection Requirements into the Design and Assessment of State Aid Simone Lünenbürger, Clemens Holtmann, Juliette Delarue European State Aid Law Quarterly, Jahrgang 19 (2020), Ausgabe 4, Seite 418 - 429 The Commission has announced its intention to revise a series of State aid rules (GBER and a number of guidelines) in light of the Green Deal by the end of 2021. At the same time, the Commission is examining how competition policy can be more effective to combat climate change and contribute to the protection of the environment. This article demonstrates that environmental protection requirements can and must be integrated into the definition and implementation of the Union's State aid policy, not only when it comes to environmental aid. Article 11 TFEU provides for a legal obligation on the Commission to integrate environmental protection requirements into the definition and implementation of Union policies, including State aid policy. It is shown how this obligation can be integrated into the traditional assessment scheme, notably under Article 107 (3)(c) TFEU and how it can be broken down into concrete compatibility assessment criteria. Keywords: Green Deal; environmental protection; Article 11 TFEU; State aid policy; guidelines
Ex Post State Aid Evaluation in Environmental Aid Journal Artikel Hans Friederiszick, Ela Głowicka, Linda Gratz, Simone Lünenbürger, Andreas Rosenfeld European State Aid Law Quarterly, Jahrgang 17 (2018), Ausgabe 4, Seite 509 - 524 The obligation to carry out an ex post evaluation of certain State aid measures was introduced in the European Union in 2014. This obligation represents an important element of the broader State Aid Modernisation initiative of DG Competition. In this article, we offer guidance, both from a legal and an economic perspective, on when an ex post evaluation is required, which methods are available and which methods are actually considered by Member States. More specifically, we propose a ‘traffic light system’, supporting a self-assessment of whether an ex post evaluation is required for a specific measure or not. Furthermore, we review the 24 evaluation plans which were approved by the European Commission by August 2018, with respect to the proposed approaches to the measurement of direct and indirect effects, appropriateness and proportionality. We find that the most common method considered by Member States in their evaluation plans is the econometric estimation of differences-in-differences. Keywords: State aid ex post evaluation; Environmental aid; Econometric estimation methods; Evaluation plans.
Judgment By Formula: Regulatory Form and the Differentiation of Fiscal Measures and Non-Fiscal Measures in EU State Aid Law Christopher McMahon