Foreign Subsidies Control: journal article A Bureaucratic Monster? Ulrich Soltész European State Aid Law Quarterly, Volume 22 (2023), Issue 2, Page 175 - 180
Review of EU Case Law on State Aid – 2022 by Wout De Cock, Caroline Buts, Malgorzata Agnieszka Cyndecka and Maria Segura journal article Wout De Cock, Caroline Buts, Malgorzata Agnieszka Cyndecka, Maria Segura European State Aid Law Quarterly, Volume 22 (2023), Issue 3, Page 290 - 328
Review of EU Case Law on State Aid – 2021 · by Caroline Buts and Wout De Cock journal article Caroline Buts, Wout De Cock European State Aid Law Quarterly, Volume 21 (2022), Issue 3, Page 278 - 301
Germany ·Benjamin Linke journal article Benjamin Linke, Benjamin Linke European State Aid Law Quarterly, Volume 21 (2022), Issue 1, Page 109 - 112
EU State Aid Control in a Dynamic Global Environment: journal article Time to Rethink the Interested Party Concept? Antonis Metaxas European State Aid Law Quarterly, Volume 21 (2022), Issue 1, Page 43 - 53 EU State aid rules, as a normative framework for ensuring and preserving undistorted competition in an equitable Common Market, traditionally constitute fundamental provisions of the EU legal order. Within this framework, the constructive cooperation of the Member State concerned with the European Commission is important when assessing the compatibility of an aid measure with the internal market. Notwithstanding the bilateral character of the control procedure, the participation of interested parties enables the Commission to get a better insight regarding the contested aid measure in order to conclude whether the latter is aligned with the Union’s interests and policies. In a dynamic global environment, these interests and prevailing priorities are constantly redefined (climate change is a prominent example). To the extent that this broader, dynamic scope of EU State aid control is accepted, the question arises if State aid measures adopted by a Member State for supporting a given activity shall be assessed not only on the grounds provided for by the Member State concerned, the recipient of the aid or its direct competitors. In this context, the author claims that aspects of procedural efficiency must be held in balance with the reality of normative interdependence and the necessity of compatibility among EU policies. Procedurally, the question now arises if and to which extent the interested party concept must be broadened so that, for example, organisations of the civil society obtain a ‘locus standi’ in EU State aid control administrative procedures as well as in respective judicial proceedings before EU Courts. Keywords: interested party; State aid control procedure; NGO; Aarhus Convention; Aarhus Regulation
2ND ESTAL PHD AWARD NOMINATIONS ∙ Minimisation of the Expected Cost of Error in EU State Aid Enforcement journal article Anna Nowak-Salles European State Aid Law Quarterly, Volume 20 (2021), Issue 3, Page 359 - 369 This article, based on a thesis defended at the European University Institute in October 2020, pursues a twofold aim: first, to apply the error framework, which is an economic analysis tool used in competition law, to State aid, and to discover what determines the expected cost of error in this area. Second, to reflect on whether this expected cost might be reduced and to provide ideas where improvements might be sought. For this purpose, it verifies whether errors in State aid assessment at the Commission and the national level are rare, cheap and effectively corrected. On the basis of this analysis, which constitutes an original assessment of the reform of Procedural Regulation and of the GBER, it draws useful conclusions and formulates some recommendations as to how to increase accuracy at a reasonable cost. Keywords: State aid procedure; error in assessment; notification procedure; GBER.
Review of EU Case Law on State Aid – 2020 journal article Caroline Buts, Malgorzata Agnieszka Cyndecka, José Luis Buendía European State Aid Law Quarterly, Volume 20 (2021), Issue 3, Page 397 - 426
Review of EU Case Law on State Aid – 2018 journal article European State Aid Law Quarterly, Volume 18 (2019), Issue 3, Page 313 - 338
Dual Remedy Against State Aid Decisions · Case C-135/16 Georgsmarienhütte · Annotation by Rene Brunner journal article Annotation on the Judgment of the Court of Justice (Grand Chamber) of 25 July 2018 in Case C-135/16 Georgsmarienhütte GmbH and Others v Bundesrepublik Deutschland. Rene Brunner European State Aid Law Quarterly, Volume 18 (2019), Issue 3, Page 413 - 417 On 25 July 2018, the Court of Justice of the European Union handed down a ruling on the admissibility of the request for a preliminary ruling on the validity of a Commission Decision where the applicants in the main proceedings did not bring an action for annulment against that Decision before the General Court. The judgment Georgsmarienhütte re-evaluates the interrelationship between the action for annulment and the preliminary reference procedure and is, in essence, a reiteration of the TWD doctrine established already in 1994. Keywords: Action for annulment; Preliminary ruling procedure; Dual remedy; Parallel proceedings; National courts; TWD doctrine.
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.
Judgment By Formula: Regulatory Form and the Differentiation of Fiscal Measures and Non-Fiscal Measures in EU State Aid Law Christopher McMahon