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.
Once an Aid Recipient, Always an Aid Recipient? The Post-Crisis State Interventions in the Banking Sector and Beyond journal article Małgorzata Agnieszka Cyndecka European State Aid Law Quarterly, Volume 17 (2018), Issue 2, Page 192 - 203 One of the questions raised by the unprecedented state interventions in favour of banks that were hit by the financial crisis is whether the mere fact of having benefitted from aid in the past qualifies any future state measures granted to the same undertaking as aid. Given the number and importance of beneficiaries that received ‘crisis aid’ under article 107(3)(b) TFEU, this question merits a prompt answer. In terms of State aid law, it amounts to establishing the applicability of the Market Economy Operator Principle, MEOP. While the General Court (GC) ruled on consecutive state measures under Article 107(1) TFEU in the BP Chemicals case of 1998, recent case law has raised much controversy. This article attempts to clarify the implications of disregarding or misapplying BP Chemicals and the consequences of such practice to the MEOP while the CJEU is about to give its ruling in FIH, a highly debatable case on consecutive state measures in the banking sector. Keywords: Applicability and Application of the MEOP; Banking Sector; Consecutive State Interventions; BP Chemicals Formula; FIH Case.
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
Denmark ∙ Michael Honoré and Anne Louise Jespersen journal article Michael Honoré, Anne Louise Jespersen European State Aid Law Quarterly, Volume 17 (2018), Issue 3, Page 428 - 430
Judicial Control and the Recovery Phase journal article José Luis Buendía Sierra European State Aid Law Quarterly, Volume 17 (2018), Issue 2, Page 173 - 176
Revisiting Some Fundamentals of Fiscal Selectivity: The ANGED Case ∙ Case C-233/16 ANGED ∙ Annotation by Juan Jorge Piernas López journal article Annotation on the Judgment of the General Court of the European Union (First Chamber) of 26 April 2018 in Case C-233/16 Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Generalitat de Catalunya Juan Jorge Piernas López European State Aid Law Quarterly, Volume 17 (2018), Issue 2, Page 274 - 281 Keywords: Regional tax on large retail establishments; Freedom of establishment; Protection of the environment and town and country planning; State aid; Selective measure; Letter from the Commission stating that no further action will be taken on a complaint; Existing aid.
United Textiles: A Missed Opportunity ∙ Case C-363/16 European Commission v Greece ∙ Annotation by Wout De Cock and Julie Leroy journal article Annotation on the Judgment of the Court of Justice of the European Union (First Chamber) of 17 January 2018 in Case C-363/16 European Commission v Greece Wout De Cock, Julie Leroy European State Aid Law Quarterly, Volume 17 (2018), Issue 2, Page 298 - 304 It is well established that the financial situation of an (insolvent) aid beneficiary does not lead, in principle, to an absolute impossibility to recover unlawful and incompatible State aid. In the annotated case, a Member State argued that it should be entitled to suspend the insolvency proceedings in order to examine the possible relaunch of the insolvent beneficiary’s activities. In this annotation, we discuss the findings of the European Court of Justice with regard to this question and argue that the Court’s findings remain vague and unclear. Furthermore, we discuss the relevant date to assess the failure to recover aid from an insolvent beneficiary and the duty of loyal cooperation between Member States and the Commission. In general, it is argued that the judgment is, in contrast to (parts of) the Opinion of the Advocate General, a mere confirmation of former case law and somewhat disappointing.Keywords: Recovery of unlawful State aid; Financial situation (insolvent) beneficiary; Possibility to suspend recovery proceedings and relaunch activities - Article 108(2)(2) TFEU; Date for assessing failure to recover; Duty of loyal cooperation
‘Prior in Tempore, Potior in Jure’ Does Not Exclude State Aid to Users of Infrastructure · Case T-108/16 Naviera Armas · Annotation Marianne Clayton, Egill Olafsson and Maria Segura journal article Annotation on the Judgment of the General Court of 15 March 2018 in Case T-108/16 Naviera Armas SA Marianne Clayton, Egill Olafsson, Maria Segura European State Aid Law Quarterly, Volume 17 (2018), Issue 2, Page 282 - 289 On 15 March 2018, the General Court annulled a Commission Decision which considered that the Spanish authorities had not granted state aid in favour of Fred Olsen through some measures relating to the port of Puerto de Las Nieves in the Canary Islands. A competitor, who had complained to the Commission about the said measures, applied for annulment of the Commission’s Decision on the grounds that the Commission should have opened the formal investigation procedure resulting from the fact that it had encountered serious difficulties. Even though the Decision had been appealed on the grounds of procedure, by its nature, the Court had to go into the substance of the case. The line between procedure and substance can be a fine one. Keywords: Opening Formal Investigation; Serious Difficulties; Use of State-Owned Infrastructure.
Judgment By Formula: Regulatory Form and the Differentiation of Fiscal Measures and Non-Fiscal Measures in EU State Aid Law Christopher McMahon