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Brexit, the EEA and the EU State aid Rules journal article open-access

The Future of State aid Control in Turmoil?

Maria Segura, Egill Olafsson, Marianne Clayton

European State Aid Law Quarterly, Volume 18 (2019), Issue 1, Page 3 - 14

One of the many and still unresolved questions raised by the discussions surrounding Brexit is that of its implications on State aid rules. The consequences for the UK and for both the EU and the European Economic Area are still unknown. The options are diverse and still open to much speculation. In this article, we will focus on the EEA model. Because it is not that well-known, the scope of the EEA agreement and the way it functions will firstly be presented. Indeed, some specificities of the EEA framework, amongst which the principle of homogeneity, deserve explanations as a cornerstone for the application of State aid rules within the EU and the EEA. Finally, the actual different options regarding State aid control post-Brexit within the UK, EU and EEA will be discussed. To conclude, attention will be devoted to the concerns regarding the continuation of the EEA Agreement as it stands and the future homogeneous application of State aid rules. Keywords: State aid control; Brexit; Homogeneity principle.

‘Prior in Tempore, Potior in Jure’ Does Not Exclude State Aid to Users of Infrastructure · Case T-108/16 Naviera Armas · Annotation  Marianne Clayton, Egill Olafsson and Maria Segura journal article

Annotation on the Judgment of the General Court of 15 March 2018 in Case T-108/16 Naviera Armas SA

Marianne Clayton, Egill Olafsson, Maria Segura

European State Aid Law Quarterly, Volume 17 (2018), Issue 2, Page 282 - 289

On 15 March 2018, the General Court annulled a Commission Decision which considered that the Spanish authorities had not granted state aid in favour of Fred Olsen through some measures relating to the port of Puerto de Las Nieves in the Canary Islands. A competitor, who had complained to the Commission about the said measures, applied for annulment of the Commission’s Decision on the grounds that the Commission should have opened the formal investigation procedure resulting from the fact that it had encountered serious difficulties. Even though the Decision had been appealed on the grounds of procedure, by its nature, the Court had to go into the substance of the case. The line between procedure and substance can be a fine one. Keywords: Opening Formal Investigation; Serious Difficulties; Use of State-Owned Infrastructure.

Ministerio de Defensa, Navantia SA v Concello de Ferrol  ∙ Case C-522/13 ∙ Annotation by Marianne Clayton and Maria J. Segura journal article

Annotation on the Judgment of the Court of Justice of the EU of 9th October 2014 in Case C-522/13, Ministerio de Defensa, Navantia SA v Concello de Ferrol

Marianne Clayton, Maria Segura

European State Aid Law Quarterly, Volume 14 (2015), Issue 1, Page 178 - 184

The CJEU rendered a short, straight-forward judgment on the concept of State aid within the meaning of Article 107(1) TFEU. In a request for a preliminary ruling, the Court was asked to address whether a tax exemption may be considered compatible with the State aid rules by a national judge who had identified in a first ruling the State aid nature of the measure. An interesting aspect of this case is the use (or rather lack of use) of the Notice on the enforcement of State aid by national courts, which foresees the possibility to ask the Commission for its opinion on the compatibility of a measure as opposed to the frequent requests for preliminary rulings. Keywords: Advantage, Enforcement by national courts, Preliminary ruling procedure, Property tax, Selectivity, Shipbuilding, Tax exemption.

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