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EU State Aid Control in a Dynamic Global Environment: journal article

Time to Rethink the Interested Party Concept?

Antonis Metaxas

European State Aid Law Quarterly, Volume 21 (2022), Issue 1, Page 43 - 53

EU State aid rules, as a normative framework for ensuring and preserving undistorted competition in an equitable Common Market, traditionally constitute fundamental provisions of the EU legal order. Within this framework, the constructive cooperation of the Member State concerned with the European Commission is important when assessing the compatibility of an aid measure with the internal market. Notwithstanding the bilateral character of the control procedure, the participation of interested parties enables the Commission to get a better insight regarding the contested aid measure in order to conclude whether the latter is aligned with the Union’s interests and policies. In a dynamic global environment, these interests and prevailing priorities are constantly redefined (climate change is a prominent example). To the extent that this broader, dynamic scope of EU State aid control is accepted, the question arises if State aid measures adopted by a Member State for supporting a given activity shall be assessed not only on the grounds provided for by the Member State concerned, the recipient of the aid or its direct competitors. In this context, the author claims that aspects of procedural efficiency must be held in balance with the reality of normative interdependence and the necessity of compatibility among EU policies. Procedurally, the question now arises if and to which extent the interested party concept must be broadened so that, for example, organisations of the civil society obtain a ‘locus standi’ in EU State aid control administrative procedures as well as in respective judicial proceedings before EU Courts. Keywords: interested party; State aid control procedure; NGO; Aarhus Convention; Aarhus Regulation



Dimosia Epicheirisi Ilektrismou A.E. v Alouminion tis Ellados A.E.  ∙ Case C-590/14 P ∙ Annotation by Antonis Metaxas and Smaragda Spyrou journal article

Annotation on the Judgment of the Court of Justice of the European Union (Tenth Chamber) of 26 October 2016 in Case C-590/14 P Dimosia Epicheirisi Ilektrismou A.E. v Alouminion tis Ellados A.E.

Antonis Metaxas, Smaragda Spyrou

European State Aid Law Quarterly, Volume 16 (2017), Issue 1, Page 73 - 76

This article focuses on the distinction between the two core notions, i.e. existing aid and new aid. The recent judgment of the CJEU in the Alouminion case confirms that any extension of the duration of a given State aid measure may prove to be sufficient to establish a new aid regime, which must go through the Article 108 (3) TFEU preliminary examination procedure, even in the rare case where the extension is deprived of legal basis, e.g. a contract, and originates from a national court interim order. Moreover, the Court underlines the duty of national courts to apply EU State Aid Law provisions and examines the existence of illegal State aid according to the principle of sincere cooperation. Keywords: Existing Aid; New Aid; National Courts; Interim Order; Extension of Duration of State Aid Measure.


Asymmetric Tax Measures and EU State Aid Law journal article

Phedon Nicolaides, Antonis Metaxas

European State Aid Law Quarterly, Volume 13 (2014), Issue 1, Page 51 - 60

The “Special Solidarity Levy” on Greek Producers of Electricity from Renewable Energy Sources

I. Introduction A tax is a burden, not an advantage. For this reason, a tax normally does not fall within the scope of Article 107(1) TFEU. The tax-related measures that constitute State aid are those that lighten the burden of taxation, such as reductions of tax rates, exemptions from tax liability or write-offs of tax debt. The purpose of this article


Case T-150/2012 – or - in a nutshell: What not to invoke in State Aid Cases journal article

Antonis Metaxas, Panagiota Makri

European State Aid Law Quarterly, Volume 13 (2014), Issue 4, Page 741 - 746

Annotation on the Judgment of the General Court (Seventh Chamber) of 9th of April 2014 in Case T-150/12 Greece v Commission

I. Introduction In its judgment of 9th April 2014 in Case T-150/12 Greece v Commission (‘the judgment’)1 the General Court (GC) upheld the Commission’s Decision (‘the Decision’) ordering Greece to recover aid granted to associations of agricultural cooperatives and cereal producers in 2008.2 The aid consisted of a se


Selectivity of Asymmetrical Tax Measures and Distortion of Competition in the Telecoms Sector journal article

Antonis Metaxas

European State Aid Law Quarterly, Volume 9 (2010), Issue 4, Page 771 - 783

I. Introduction Following analysis focuses on the evaluation of the legality of the duty imposed by the Greek tax legislation on mobile network operators’ subscribers (with the term “subscribers” meaning all users of the various services/products provided by the mobile network operators, including mobile telephony services, internet services and added value services) under the scope of the EU State Aid rules. This evaluation is examined as an empirica

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