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The Transformation of State Aid Control in Serbia and EU Conditionality journal article

Challenges of Integration Uncertainty and Reform Prospects

Marko Milenkovic

European State Aid Law Quarterly, Volume 17 (2018), Issue 1, Page 66 - 79

Serbia’s EU integration process has only commenced after the political change in 2000. The cornerstone of the relations between the country and the EU is the Stabilisation and Association Agreement, which mandates the full alignment of State aid measures with the EU standards. Since 2006, subsequent governments have been working on aligning the substantive rules for the granting of State aid with the (ever-changing) EU framework, with a growing number of State aid measures and schemes being notified to and approved by the Commission for State Aid Control (CSAC). However, this period was also characterised by a severe economic crisis. By examining the legal framework, institutional structure for State aid control and overall experiences of the first phase of the implementation of the Law on State aid, this paper draws conclusions on the major challenges and obstacles encountered introducing the new regulatory regime in the context of a deep economic crisis, on-going enlargement fatigue and conflicting political legacies. Keywords: Serbia; Institutional Transformation; EU Conditionality; Enlargement Fatigue.

Passing-On and Recoverable Unlawful State Aid under European Union Law journal article

Édouard Louis Jean-Baptiste Bruc

European State Aid Law Quarterly, Volume 17 (2018), Issue 1, Page 54 - 65

The willingness to encourage private parties to seek compensation has emphasised the necessity to push forward economic analysis regarding antitrust cases. The question concerning a passing-on defence thus entered the sphere of public enforcement of EU State aid law via a judgment which highlighted the possibility to take a passing-on defence regarding the ‘undercharge’ passed on to the consumer through the entrustment (lowering prices). However, the ECJ quashed the judgment, preferring a more deterrent approach, implicitly stressing that it can only be a‘Pyrrhic victory’ because it would require predictions as regards the behaviour of the benefiting undertaking and its results. In the author’s view, this rollover is an opportunity to underline the difference between public and private enforcement aims, and to understand the role of private enforcement under State aid law which in fact requires a passing-on analysis. Keywords: Passing-on, Private Enforcement; Unlawful State aid; Recovery.