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Prior Economic Analyses’ Impact on Case Assessment in State Aid Enforcement Outside the EU · Case ECS-10/18 Secretariat of the Energy Community v Bosnia and Herzegovina · Annotation by Davor Vuletić journal article

Annotation on the Decision of the Ministerial Council of the Energy Community of 30 November 2021 in Case ECS-10/18 Secretariat of the Energy Community v Bosnia and Herzegovina

Davor Vuletić

European State Aid Law Quarterly, Volume 21 (2022), Issue 1, Page 93 - 98

International agreements such as the Treaty Establishing Energy Community (TEEC) in South East Europe serve as agents for enforcement of the EU State aid acquis within broader international law. Aside from the legal aspects of the Case ECS-10/18 involving a guarantee for the construction of a coal power plant in Bosnia and Herzegovina, the analysis shows the equal importance of State aid related economic analysis for aid providers, beneficiaries as well as enforcement institutions under TEEC. Ministerial Council’s Advisory Committee, as the highest decision-making body, sent the message of the importance of prior economic assessments to both sides in the dispute.


Extension of the State Aid Acquis under the Energy Community of South-East Europe in Case ECS-10/18 journal article

Davor Vuletić

European State Aid Law Quarterly, Volume 20 (2021), Issue 1, Page 87 - 100

The State aid acquis has been spreading out of the EU through the enlargement process under the European Agreements and Stabilisation and Association Agreements. Moreover, the State aid acquis became a part of other international agreements such as the Treaty Establishing Energy Community in South East Europe (TEEC). Some legal theorists describe EU law as a ‘self-contained system’ whose application outside its original legal and institutional environment could be problematic. Moreover, if the principle of ‘monism’ is not applied, the process of ‘gradual approximation’ depends on the interpretation of the acquis role in the national legal system. Under these circumstances, agreements such as the TEEC serve as agents for practical implementation of the EU acquis within broader international law. This article addresses named challenges through the assessment of Case ECS-10/18 involving a guarantee for the construction of a power plant in Bosnia and Herzegovina. The article argues that the application of the EU State aid acquis in this case is missing sound legal and economic analysis. Ultimately, the full State aid control cannot be achieved, because the European Commission control and the Court of Justice of the European Union oversight are not available. Instead, general principles of international law apply, including countermeasures not immanent to the EU State aid acquis. Keywords: Bosnia and Herzegovina; Energy Community; electricity; extension; guarantee

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