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The European Green Deal and State Aid: journal article

Regions, State Aid and the Just Transition

Steven Verschuur, Cecilia Sbrolli

European State Aid Law Quarterly, Volume 20 (2021), Issue 1, Page 41 - 50

The European Green Deal is the prelude and the foundation of a daunting, but necessary, environmental-centric industrial revolution. EU legislation has obviously dealt with environmental policies in the past, but the European Green Deal is a far-reaching project that will require unprecedented investments. The transition envisioned in the European Green Deal will also require amendments to a wide variety of existing EU legislation and policies, including in the field of State aid. The guidelines on regional State aid (2014 Regional Guidelines), in force until the end of 2021, constitute the legal framework in force to assess Regional State aid. The European Commission has already published draft Guidelines to replace the 2014 Guidelines (Draft Regional Guidelines) to bring the text in line with the European Green Deal. This paper is the second of a series that will discuss the interplay between existing State aid rules and policy on the one hand and the European Green Deal on the other. The first article provided an introduction to the European Green Deal and its interaction with the guidelines for State aid for environmental protection and energy (EEAG). This second article will focus on the Just Transition Mechanism (JTM) and its interplay with the Draft Regional Guidelines. Keywords: European Green Deal; regional State aid; Just Transition; outermost territories; financing the transition



The Objectivity of the Concept of Presumed State Aid and The Problem of Deficient Circumstantial Interpretation journal article

Carina Barbosa Gouvêa, Pedro Hermílio Villas Bôas Castelo Branco

European State Aid Law Quarterly, Volume 19 (2020), Issue 1, Page 39 - 43

In its judgment in Case T-791/16 Real Madrid Club de Fútbol v European Commission, the Court of Justice annulled the Commission Decision on aid measure SA.33754. The judgment allowed the rekindling, from the perspective of political science, of the discussions surrounding what represents the semantic definition of State aid, granted by the States or coming from State resources. The innovation brought by the European Commission was to establish a new subcategory for the term - presumed State aid. We discuss whether this type of aid can be fitted into the control by and decisional standards of the European Commission from a purely objective standpoint. The judgment leads us to reflect on the role played by the Commission regarding the evolution of the concept of State aid. However, this evolution, as an update of the directions of Article 107(1) TFEU, must take into consideration a methodology that necessarily goes through a path aimed at the market analysis based on the economic and social context of the State in question. The answer must be in accordance with the objectives and purposes of Community law and this does not represent a literal exegesis of the legal text. Keywords: Presumed State aid; Circumstantial interpretation; Objective and subjective concept of aid.



ICSID Trumps State Aid in the UK but Uncertainty Remains Regarding Enforcement of New York Convention Awards in post-Brexit UK journal article

Ana Stanič

European State Aid Law Quarterly, Volume 19 (2020), Issue 2, Page 165 - 171

On 19 February 2020, the UK Supreme Court unanimously held that by virtue of Article 351 TFEU UK’s obligations under the ICSID Convention trump its duty of sincere co-operation under Article 4(3) TFEU to give effect to a State aid decision of the European Commission. In doing so, the UK Supreme Court also made clear that ICSID arbitral awards rendered by arbitral tribunals established pursuant to intra-EU BITs and ECT will be enforced in the UK. Whether in post-Brexit UK enforcement of intra-EU BITs and ECT arbitral awards will be refused on the grounds of being contrary to EU State aid law if sought pursuant to the terms of the New York Convention remains unclear given that State aid currently forms part of the on-going negotiations between the UK and EU regarding their future relations. Keywords: Micula, State aid, ISDS, Achmea, duty of sincere cooperation, public policy


The SURE Initiative, Short-time Work Compensation, and State Aid journal article

Hans Arno Petzold

European State Aid Law Quarterly, Volume 19 (2020), Issue 2, Page 161 - 164

The European Commission has put forward a proposal for a Council regulation aimed at ‘temporary Support to mitigate Unemployment Risks in an Emergency (SURE) following the COVID-19 outbreak’. This is not the place to discuss political or financial implications of the idea of a Basic European Unemployment Insurance. But it gives the opportunity to have a look at options for short-time work compensation, based on a case study of the German model, and the State aid relevance of such compensation. Keywords: COVID-19, SURE Initiative, short-time work Ccmpensation, State aid, selectivity, Germany


Nürburgring: Limited Scope to Challenge the Competitive Purchase of Assets That Have Received Aid · Cases T-353/15 NeXovation/European Commission and T-373/15 Ja zum Nürburgring/European Commission · Annotation by Irene Moreno-Tapia Rivas and Victoria Riv journal article

Annotation on the Judgments of the General Court (First Chamber, Extended Composition) of 19 June 2019 in Cases T-353/15 NeXovation/ European Commission and T-373/15 Ja zum Nürburgring/European Commission

Irene Moreno-Tapia, Victoria Rivas Santiago

European State Aid Law Quarterly, Volume 19 (2020), Issue 2, Page 220 - 224

Almost a century after the construction of the German racing circuit Nürburgring, economic problems obliged the Land of Rhineland-Palatinate to finance a luxury complex around the race track with the purpose to save the park in economics terms. However, after having received a complaint, the European Commission started an investigation procedure which ended with a Decision on the State aid implemented by Germany for Nürburgring. In the meantime, the Nürburgring assets were sold through a tender process managed by the German Government under the rules agreed with the European Commission and the administrators of the assets. The Commission Decision determined that the measures in favour of the owners of Nürburgring were unlawful and incompatible with the European market rules; in addition, the European Commission decided, first, that any potential recovery of the aid would not concern the buyer of the assets; and, second, that the sale of the assets in the framework of an open, transparent and non-discriminatory tender process did not constitute State aid. The General Court upheld the Decision. Both judgments, T-353/15 and T-373/15 are currently appealed by both complainants before the Court of Justice.