Bulgaria ∙ Iveta Stoycheva journal article Iveta Stoycheva European State Aid Law Quarterly, Volume 16 (2017), Issue 3, Page 505 - 507
DHL Leipzig-Halle ∙ Case T-452/08 ∙ Annotation by Daniel Harrison journal article Developments since the Judgment of the General Court in DHL Leipzig-Halle Daniel Harrison European State Aid Law Quarterly, Volume 16 (2017), Issue 3, Page 487 - 494 As the case of DHL-Leipzig Halle demonstrated, the possibility that contractual measures implementing an unlawful aid measure are invalid and unenforceable can give rise to a curious paradox: where the State assumes a contingent liability that has not yet crystallised, unenforceability of the contractual "advantage" may mean that unlawful aid is, like Schrödinger's cat, both present and absent at the same time. This article looks at the two cases since DHL Leipzig-Halle that have cited the judgment, before considering other areas in which contractual unenforceability of State aid measures can impose adverse – and often unfair – consequences on parties that have received no advantage or benefit from the aid measure in question: State guarantees and warranties and indemnities given to buyers of privatised businesses. Keywords: Unlawful Aid; State Guarantee; Borrower's Liabilities; Warranties and Indemnities; Privatisation; DHL Leipzig-Halle; Aer Lingus.
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