France ∙ Thomas Gourdeau journal article Thomas Gourdeau European State Aid Law Quarterly, Volume 17 (2018), Issue 1, Page 125 - 127
Manufacturing in Small Peripheral Island States: Where is the Level Playing Field? journal article Caroline Buts, Phedon Nicolaides European State Aid Law Quarterly, Volume 16 (2017), Issue 2, Page 272 - 275 While many islands can be attractive tourist destinations, other parts of the economy often face serious challenges that are the direct result of natural and permanent handicaps. Small islands encounter difficulties in attracting and maintaining manufacturing activities. Additional transport costs as well as the absence of economies of scale and low connectivity can result in investment decisions on the mainland, rather than the island. Multiple policies exist to help islands balance out the disadvantage of being remote, small or sparsely populated. Nevertheless, the State aid rules treat small and remote islands differently, depending on whether they are a region or a Member State. After briefly reviewing the main difficulties encountered by islands, we study the case of Malta. Next, the relevant State aid rules are evaluated, revealing inconsistencies and the need for revisions with important consequences for Malta and Cyprus. Keywords: Regional State Aid; Peripheral Islands; Island States; Transport Costs; Industrial Base.
Applying the Principle of Technological Neutrality to State Aid for Network Infrastructures journal article Ana Trías European State Aid Law Quarterly, Volume 16 (2017), Issue 2, Page 193 - 208 In the Mediaset case, the lower Court made a key statement upheld by the higher Court on appeal: the lack of technological neutrality of a measure is linked both to the presence and the incompatibility of State aid. Scholarly literature has not yet fully explored the procedural and material impact of this finding, called the ‘decoder doctrine’. This paper aims at asserting the legal nature, content and impact of said doctrine on State aid for network infrastructure development. For this purpose, it explores the emergence, scope and rationales of the technological neutrality principle on which the decoder doctrine relies, and studies its application to State aid targeting broadband and electric vehicle charging infrastructure. This analysis enables (1) an interpretation of the concept of technological neutrality in State aid law based on the Commission’s definitions and the Mediaset findings and (2) an assessment of key decision-making criteria against this benchmark. Keywords: Mediaset; Decoder Doctrine; Network Infrastructures; Broadband; Sustainable Transport; Electrical Mobility.
Judgment By Formula: Regulatory Form and the Differentiation of Fiscal Measures and Non-Fiscal Measures in EU State Aid Law Christopher McMahon