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The search returned 6 results.

2ND ESTAL PHD AWARD NOMINATIONS ∙ Soft Law and Their Symbiotic Relationship with the Block Exemptions? journal article

A Nordic Perspective

Katrine Lillerud

European State Aid Law Quarterly, Volume 20 (2021), Issue 3, Page 337 - 358

This article provides an overview of the position of quasi-legislative measures also referred to as ‘soft law’ before and after the State aid Modernisation (SAM). The main intention of the article is to illustrate the symbiotic relationship between the revised horizontal and sectorial guidelines with the general block exemption regulation (GBER) after SAM. It demonstrates how a selected handful of horizontal and sectorial guidelines have been transformed to facilitate better use of the block exemption to enhance the Commission’s own policy objectives, in a nice hand in glove fit with the GBER to nudge States into block exempted expenditure. The empirical study compares Norway, Sweden and Finland’s use of the GBER and guidelines. It shows that the framework is now more than ever nudging aid expenditure. The micro study reveals a drastic change in use before and after SAM in the three Nordic countries – underling the nudging power of the reform. Keywords: EStAL PhD Award; soft law; guidelines; GBER; horizontal; SAM; nudging; Nordics.


Does a ‘Copy-Paste’ of the Antitrust Toolbox for Information Collection Work When Regulating States, and Not Undertakings? journal article

Katrine Lillerud

European State Aid Law Quarterly, Volume 19 (2020), Issue 3, Page 314 - 328

The State aid reform appears to assimilate the rules already existing for cartels, abuse of dominance and mergers, by incorporating several of the competition law tools on information collection. The question asked is whether these tools initially designed to regulate undertakings are effective when regulating a State’s behaviour. The article draws a parallel to similar tools in competition law under Regulation 1/2003 and contextualise why change was introduced in the 2014 State aid reform. It investigates the use and success of the new tools by a case study of these new powers. The empirical data indicate that optimal use of direct access to information from third parties is hindered by a lack of transparency and too high thresholds for the Commission to use the new tools. Keywords: information collection, sector inquiry, fines, third parties, Regulation 1/2003, SAM


Monitoring of State Aid journal article

From Ex Ante to Ex Post Control

María Muñoz de Juan

European State Aid Law Quarterly, Volume 17 (2018), Issue 4, Page 483 - 493

Ex post monitoring is a counterpart of the State aid decentralisation process and, as such, is a cornerstone of the current State aid control system. The application of State aid rules is being increasingly decentralised thanks to the significant use of the block exemption Regulations by the Member States. However, this does not mean that the Commission is giving up its powers and obligations under the Treaty. On the contrary, it closely follows — through ex post controls — how State aid measures are implemented by the Member States. This Commission-level monitoring exercise aims to correct the detected irregularities both for the past and for the future and helps to improve State aid rules. It has a measurable deterrent effect. Keywords: State aid; enforcement; monitoring; ex post control; SAM; decentralisation; block exemption regulation.


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.



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