ARTICLES - STATE AID AND NATIONAL JURISDICTIONS ∙ Damages Claims Based on State Aid Law Infringements journal article Joanna Goyder, Margot Dons European State Aid Law Quarterly, Volume 16 (2017), Issue 3, Page 418 - 430 Damages claims based on State aid law infringements may be brought in a number of situations. There is an EU law cause of action, and sometimes also a national law basis, for claims by competitors of the aid recipient, or by third parties, against the Member State or other body which granted the aid. Competitors may also claim damages from the beneficiary, but such claims can only be brought if national law provides a cause of action. Finally, the recipient itself may claim damages from the granting Member State or other body, but an EU law cause of action will normally not be available, so such a claim will also generally have to be based on national law. All these types of damages claim are rare in practice, and even more rarely successful. The main reason for this appears to be the difficulty for claimants to prove causation and to quantify their loss. Keywords: Damages Claims; Infringements; Enforcement Notice; National Courts.
ARTICLES - STATE AID AND NATIONAL JURISDICTIONS ∙ State Aid Assessment: What National Courts Can Do and What They Must Do journal article Jose Luis Buendía Sierra, Miguel Ángel Bolsa Ferruz European State Aid Law Quarterly, Volume 16 (2017), Issue 3, Page 408 - 417 The article explores the powers and duties of national courts when they enforce EU State aid law, particularly when, by virtue of the stand-still obligation pursuant to Article 108(3) of the Treaty on the Functioning of the European Union, they are faced with the assessment of whether a national measure constitutes illegal State aid. It also analyses a number of mechanisms or tools available in this context for national courts to cooperate with the European Commission and the European Courts, with the primary objective of preventing contradictory decisions or judgments rendered by different authorities at national and EU level. In this vein, the article also critically reviews the 2009 Commission Notice on the enforcement of State aid by national courts, which in the authors’ view sometimes goes beyond what is required by the applicable case law. The scope of measures available for national judges is certainly much wider than the scope of measures imposed on national judges. Keywords: Powers and Duties of National Courts; 2009 Commission Notice; State Aid Enforcement.
Bulgaria ∙ Iveta Stoycheva journal article Iveta Stoycheva European State Aid Law Quarterly, Volume 16 (2017), Issue 3, Page 505 - 507
ARTICLES - STATE AID AND NATIONAL JURISDICTIONS ∙ How to Ensure State Aid Compliance at Local and Regional Level? journal article Christian Berger European State Aid Law Quarterly, Volume 16 (2017), Issue 3, Page 476 - 481 It is the Member State which is responsible for all State aid granted by authorities on its territory. At the same time, it might not even be aware of aid which may have been granted by a regional or local authority. Local and regional authorities are like the Member State itself active in many fields, both economic and non-economic and sometimes pursue an interventionist aid granting policy on its local territory. It is therefore paramount that the State establishes structures which make sure those local and regional authorities do not grant illegal aid. Member States have adopted different approaches towards this. Most rely on soft measures such as awareness-raising and training, while other have coupled this with more organised enforcement structures or hard legislation. Both central and more federative or devolved Member States face the same problem; the latter has just moved the enforcement responsibility to a different level of government. But in the end, the Member State’s fundamental responsibility remains. Keywords: State Aid Compliance; Local and Regional Level; Enforcement.
Finland ∙ Ilkka Aalto-Setälä and Henrik Koivuniemi journal article Ilkka Aalto-Setälä, Henrik Koivuniemi European State Aid Law Quarterly, Volume 16 (2017), Issue 3, Page 501 - 503
Italy ∙ Sara Gobbato journal article Sara Gobbato European State Aid Law Quarterly, Volume 16 (2017), Issue 3, Page 504 - 505
ARTICLES - STATE AID AND NATIONAL JURISDICTIONS ∙ National Judges and Training in EU State aid Law journal article open-access Erika Szyszczak European State Aid Law Quarterly, Volume 16 (2017), Issue 3, Page 470 - 475 The latest Call from the European Commission identifies the training of national judges in EU State aid law as one of its priority areas. The number of State aid cases at the national level is increasing and present complex issue of law and economics for national judges to solve. A recent training session at the Spanish Judicial School in Barcelona reveals how a successful programme of training can be organised, highlighting the many recent State aid issues that have been identified in European Commission policy documents and Decisions and case law of the European Courts. Keywords: National Judges; Training Programmes; Law and Economics.
Book Review: State Aids, Taxation and the Energy Sector Edited by Marta Villar Ezcurra journal article María del Carmen Cámara Barroso European State Aid Law Quarterly, Volume 16 (2017), Issue 2, Page 327 - 330
Book Review: EU State Aid Control – Law and Economics Edited by Philipp Werner and Vincent Verouden journal article Pablo Ibáñez-Colomo European State Aid Law Quarterly, Volume 16 (2017), Issue 2, Page 330 - 331
Book Review: European Union Law of State Aid Edited by Kelyn Bacon QC journal article Matt Evans European State Aid Law Quarterly, Volume 16 (2017), Issue 2, Page 332 - 333
Judgment By Formula: Regulatory Form and the Differentiation of Fiscal Measures and Non-Fiscal Measures in EU State Aid Law Christopher McMahon