Portugal ∙ Philipp Melcher journal article Philipp Melcher European State Aid Law Quarterly, Volume 17 (2018), Issue 1, Page 137 - 139
Hungary ∙ György Wellmann and Anikó Keller journal article György Wellmann, Anikó Keller European State Aid Law Quarterly, Volume 17 (2018), Issue 1, Page 130 - 132
The Netherlands ∙ Emma Besselink journal article Emma Besselink European State Aid Law Quarterly, Volume 17 (2018), Issue 1, Page 132 - 133
Sweden ∙ Pamela Hansson and Malin Persson journal article Pamela Hansson, Malin Persson European State Aid Law Quarterly, Volume 17 (2018), Issue 1, Page 140 - 141
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.
State Aid Evaluation journal article State of Play and Ways Forward Barbara Brandtner, Daniele Vidoni European State Aid Law Quarterly, Volume 17 (2018), Issue 4, Page 475 - 482 The Commission requirement concerning the evaluation of State aid schemes is one of the pillars of the State Aid Modernisation (SAM) reform of 2014. The aim of the evaluations conducted under State aid rules is to provide evidence on both the direct impact of the aid on its beneficiaries and on its indirect impacts, positive and negative, as well as on the proportionality and appropriateness of the aid measure. This article provides an account of the state of play in the evaluation of State aid schemes. To this end, we analyse the legal framework of the evaluation requirements as outlined under the General Block Exemption Regulation and under different State aid guidelines, and synthesise the characteristics of the current 45 evaluation plans, and of the Commission decisions approving them. Finally we discuss the lessons learnt from the first final evaluation reports submitted and reflect on challenges ahead. Keywords: State aid Modernisation; State aid control; Evaluation plan.
State Aid for the Banking Sector: journal article What has Changed After the New BRRD and SRM Regulation? Maria Rosaria Miserendino European State Aid Law Quarterly, Volume 17 (2018), Issue 2, Page 204 - 211 The object of this work is the analysis of the issues which arose after the coming into force of the Bank Recovery and Resolution Directive (BRRD) and the Single Resolution Mechanism Regulation (SRM); in particular, the (new) role of the European Commission (EC) on State aid for the Banking Sector. This work analyses the complex procedure of resolution created after the Single Resolution Mechanism Regulation and the cooperation between the Commission and the SRB on State Aid in that procedure, with a focus on precautionary recapitalisation.Keywords: State aid; Single Resolution Mechanism Regulation; BRRD; Resolution procedure; Precautionary recapitalisation.
When Should the State Forget its Past Financial Assistance to Undertakings? journal article Phedon Nicolaides European State Aid Law Quarterly, Volume 17 (2018), Issue 2, Page 259 - 263
Judgment By Formula: Regulatory Form and the Differentiation of Fiscal Measures and Non-Fiscal Measures in EU State Aid Law Christopher McMahon