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How Much Could the US Inflation Reduction Act Cost Europe? journal article

Eszter Hargita, Filip Puzder, Péter Staviczky

European State Aid Law Quarterly, Volume 22 (2023), Issue 3, Page 242 - 266

The Inflation Reduction Act (IRA) was introduced in the US in August 2022, aiming to promote investments into clean energy production. The IRA provides huge amount of aid, which can have a draining effect of green investments vital for the green transition of the European economy. In response, the Commission adopted Temporary Crisis and Transition Framework (TCTF) in March 2023. As well as explaining the historical context and content of these subsidy-rules, this article makes an attempt to compare the subsidies available under the IRA and the TCTF, considering the maximum aid amount available under the regional aid guidelines. Keywords: Inflation Reduction Act; IRA; subsidy competition; incentive effect; operating aid; battery manufacturing; tax credit

Eesti Pagar: A Formalistic Approach to Incentive Effect and Recovery Procedures journal article

Caroline Buts, Péter Staviczky

European State Aid Law Quarterly, Volume 20 (2021), Issue 4, Page 546 - 559

Eesti Pagar constitutes a milestone in State aid law. This article provides an overview of the judgment and discusses, in chronological order, the topics of the five questions dealt with by the Court. First, we review the importance of the criterium incentive effect and more specifically the timing of the aid application in relation to the start of the project. Second, we analyse the obligation of a national authority to recover unlawful aid, also in the absence of a Commission decision. Third, we investigate whether actions by national authorities (in breach of EU law) can cause legitimate expectations for an aid beneficiary. Fourth, regarding recovery procedures without a Commission decision, we reflect on the pertinent limitation period. Finally, we examine the applicable recovery interest rate. Keywords: incentive effect; complaints; recovery; (recovery) interest rate/reference rate; limitation period, GBER, illegal aid, obligation of national granting entities Milestones Preview: this article is based on a chapter of the upcoming second edition of the book 'Milestones in State Aid Case Law' (Lexxion 2022).

Where are the Limits of the Commission’s Suspension Injunctions?  · Joined Cases T-554/15 and T-555/15 Hungary v Commission · Annotation by Péter Staviczky journal article

Annotation on the judgment of the General Court (ninth chamber) of 25 April 2018 in Joined Cases T-554/15 and T-555/15 Hungary v Commission.

Péter Staviczky

European State Aid Law Quarterly, Volume 18 (2019), Issue 1, Page 61 - 70

In April 2018, the General Court issued the first ever judgment in EU law dealing with the legal requirements for applying injunctions in State aid cases, more specifically suspension injunctions. The Commission rarely uses these measures; therefore it is beneficial to know how the EU judicature sees the legal boundaries of these legal concepts and where the limits for the Commission are to use them properly.

Sensitive Issues in the Regulation of Regional Aid and Its Application journal article

Péter Staviczky

European State Aid Law Quarterly, Volume 16 (2017), Issue 4, Page 559 - 566

The issues highlighted in the present paper were presented at the 15th Experts’ Forum on the New Developments in European State aid Law in Brussels in cooperation with Mr. Antonios Bouchagiar (Legal Service, EC). The main aim of the presentation was to draw attention to some of the difficulties MS face when granting regional aid to projects where large undertakings and/or relocation of economic activities might be involved. Keywords: Regional Aid; SAM; RAG; GBER; Relocation.

Whirlpool Europe BV v European Commission  ∙ T-118/13 ∙ Annotation by Péter Staviczky journal article

Annotation of the Judgment of the General Court (Second Chamber) of 22 June 2016 in case T-118/13 Whirlpool Europe BV v European Commission

Péter Staviczky

European State Aid Law Quarterly, Volume 16 (2017), Issue 1, Page 77 - 81

The present annotiation analyses the General Court's judgment of 22 June 2016 in case T-118/13 Whirlpool Europe BV vs European Commission. The judgment shed light on the difficulties to prove admissibility for competitors of State aid beneficiaries. After describing the background of the case it deals with the arguments of the parties, the General Court's resoning and draws some conclusion on the practical difficulties for third parties to submit sucessfull pleas to EU Courts. Keywords: Admissibility; Direct Concern; Substantial Effect; Res Judicata.

Granting of State Aid and Effective Communication among Stakeholders journal article

Péter Staviczky

European State Aid Law Quarterly, Volume 15 (2016), Issue 2, Page 235 - 238

The content of the following article was presented at the conference ‘The rights and duties of State aid beneficiaries’ held in Paris 19 February 2016. The author was part of the first panel ’National Authorities in Dialogue with Beneficiaries’ with Ms Delphine Abramowitz (Directorate General for Enterprise, Ministry of Economy, Paris) and Mr. Michael Honoré (Bech-Bruun, Copenhagen). The aim of the conference was to contribute to the ongoing debate on the reform of the State aid control system by discussing procedural questions arising in the implementation of EU state aid law. The presentation focussed on the granting of State aid and communication among the stakeholders related to the granting. Keywords: Granting of Aid; Coordination; Compliance.