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Die Suche erzielte 4 Treffer.

ARTICLES - STATE AID AND NATIONAL JURISDICTIONS ∙ The Altmark Case Revisited: Local and Regional Subsidies to Public Services Journal Artikel

Erika Szyszczak

European State Aid Law Quarterly, Jahrgang 16 (2017), Ausgabe 3, Seite 395 - 407

The evolution of the State aid rules has made incursions into the sovereignty of the Member States to identify, fund and operate public services (SGEI). This sensitive issue tends to be managed by the European Commission with few cases brought before the national courts or referred to the CJEU. Nevertheless, national courts may be faced with a growing number of challenges in understanding and applying the European Commission policy and the European Courts’ case law in this area. The article provides an overview of some of the recent policy developments and case law to highlight the legal complexities of applying State aid to public services. Keywords: SGEI; Altmark; Public Services; National Courts.


ARTICLES - STATE AID AND NATIONAL JURISDICTIONS ∙ National Judges and Training in EU State aid Law Journal Artikel open-access

Erika Szyszczak

European State Aid Law Quarterly, Jahrgang 16 (2017), Ausgabe 3, Seite 470 - 475

The latest Call from the European Commission identifies the training of national judges in EU State aid law as one of its priority areas. The number of State aid cases at the national level is increasing and present complex issue of law and economics for national judges to solve. A recent training session at the Spanish Judicial School in Barcelona reveals how a successful programme of training can be organised, highlighting the many recent State aid issues that have been identified in European Commission policy documents and Decisions and case law of the European Courts. Keywords: National Judges; Training Programmes; Law and Economics.


Article 263(4) TFEU and the Impossibility of Challenging Recovery Decisions in State Aid   ∙ Ferracci v EC and Montessori v EC  ∙ T-219/13 and T-220/13 ∙ Annotation by Erika Szyszczak Journal Artikel

Annotation on the Judgments of the General Court of 15 September 2016 in T-219/13 Pietro Ferracci v European Commission and T-220/13 Scuola Elementare Maria Montessori v European Commission

Erika Szyszczak

European State Aid Law Quarterly, Jahrgang 15 (2016), Ausgabe 4, Seite 637 - 641

The Ferracci and Montessori judgments of the General Court of 15 September 2016 were challenges brought against a Commission Decision scrutinising Italian municipal tax rules allowing tax exemptions for non-commercial bodies. The cases raise issues of when third party standing is allowed under Article 264(4) TFEU, the standard of review of European Commission Decisions, the concept of economic and non-economic activity and when the European Commission may decide that it is impossible for a Member State to recover illegal State aid. Key Words: Economic and Non-Economic Activity; Access to Justice; Standing before the General Court; Impossibility of Recovery of State Aid.


The Survival of the Market Economic Investor Principle in Liberalised Markets Journal Artikel

Erika Szyszczak

European State Aid Law Quarterly, Jahrgang 10 (2011), Ausgabe 1, Seite 35 - 40

An Editorial Comment1 in this journal has already described the judgment of the General Court in EdF2 as “an electrifying Enlightening”. The General Court annulled a Commission Decision of 20033 which had found that a tax concession enjoyed by EdF was an illegal State aid. The original Decision was taken some five months after the ruling in Altmark4 and the judgment in Chronopost5 which revealed an ambition to give greater transparency to State aid in

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