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Keyword: Interstate Trade

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The search returned 2 results.

The Concept of “Local Impact” in Cross-Border Regions journal article

Bob Feidt

European State Aid Law Quarterly, Volume 16 (2017), Issue 4, Page 634 - 636

On 29 April 2015, the European Commission published its decisions on several notified measures, arguing that in none of those cases State aid was involved because the measures were unlikely to have a significant effect on trade between Member States. Although the “local impact” concept, which still needs to be validated by the Court of Justice of the EU, is a welcomed initiative, it raises several questions. Some of these questions come up when applying the “local impact” concept to measures undertaken in cross-border regions. This short opinion piece underlines certain shortcomings of the concept attempting to spark a discussion that could help improve the concept. Keywords: Interstate Trade; Local Impact; Cross-Border Regions; Catchment Area.

The ‘Effect on Trade between the Member States’ Criterion: Is It the Right Criterion by Which the Commission’s Workload Can Be Managed? journal article

Cees Dekker

European State Aid Law Quarterly, Volume 16 (2017), Issue 2, Page 154 - 163

On 29 April 2015, the European Commission decided on several notified measures, ruling that in none of those cases State aid was involved because, as the accompanying press release stated, they were unlikely to have a significant effect on trade between Member States. According to the press release, the decisions give additional guidance on how to determine which cases should be assessed by the Commission and which should not, to allow the Commission to focus on cases with a larger impact on the internal market. A couple of decisions in 2016 followed the same line of reasoning. This article discusses the question of how these decisions relate to the Court’s case law and the Commission’s own practice regarding the criterion ‘effect on trade between Member States’ laid down in Article 107(1) TFEU. It will also explore to what extent these decisions give actual clarity on the application of this criterion and if there is a better alternative to reduce the workload of the national authorities and the Commission. Keywords: Interstate Trade; De Minimis; Appreciable Effect; Notice on the Notion of State Aid.

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