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The search returned 3 results.

The Aarhus Convention and the Exclusion of State Aid Review: journal article

The Way Forward

Wolfgang Weiß, Eva Rom

European State Aid Law Quarterly, Volume 21 (2022), Issue 4, Page 368 - 383

The Union legislator has recently amended the Aarhus Regulation with the aim of bringing it more in line with the requirements the Aarhus Convention lays down. EU State aid decisions, however, remain excluded from its scope. This exclusion raises questions that form the object of this contribution. The article argues that the arguments presented to justify the continued exclusion of State aid review are not convincing. By not complying with the recommendations of the ACCC, the EU is in clear violation of international law. Therefore, the article deliberates over the necessary changes and possible exemptions for a sound implementation of the Aarhus Convention against the procedural specificities of State aid review, considering also the Commission´s recently presented options, which contain a number of problematic aspects. Keywords: Aarhus Regulation; Aarhus Convention; Hinkley Point C; internal review; ACCC

Ex Officio Third Country Subsidies´ Review: journal article

Similarities with and Differences to State Aid Procedure

Wolfgang Weiß

European State Aid Law Quarterly, Volume 21 (2022), Issue 2, Page 132 - 142

In May 2021 the European Commission tabled a draft Third Country Subsidies Regulation which stands between trade and competition policy. This new instrument establishes a review of third country subsidies with a view to addressing the competition distortion resulting from foreign subsidies granted to undertakings economically active in the EU internal market. As the new tool complements EU State aid scrutiny with a view to foreign subsidies, the present contribution compares the general procedures and provisions of the new regulation with EU State aid law. It will be shown that despite many similarities with State aid law, considerable differences remain which can be explained by looking at the different procedural and substantive context. Keywords: third country subsidies; ex officio review; Commission discretion; procedural powers; rights of defence

Legitimate Expectations in State Aid and the CFI journal article

Wolfgang Weiß, Markus Haberkamm

European State Aid Law Quarterly, Volume 9 (2010), Issue 2, Page 9

I. Introduction A French legend tells that even the devil did not succeed in learning the pretty difficult Basque language after seven years.1 The length of a preliminary review procedure seems to proof the fact that the Basque tax system is not that much easier… The CFI dealt with several Basque tax cases during the last years.2 This case annotation concerns two recent judgments3 and focuses on procedural problems, in particular on questions like the

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