EU State Aid Control – Law and Economics

EU State Aid Control – Law and Economics

In recent years, the European Commission has conducted an almost complete overhaul of State aid control in the European Union (EU). The State Aid Modernization (SAM) initiative has engendered new secondary legislation, as well as new guidelines covering practically all areas of State aid control, including both horizontal and sector-specific rules. Notable in these developments is an increasingly refined economic approach, both in the design of the rules and in the assessment of individual cases. This book, first of a kind in its in-depth analysis of the current legal and economic principles of EU State aid control, thoroughly explores the main rationales of State aid, the main concerns and the various trade-offs that underlie the rules and the decisions ultimately taken by the Commission and the Courts.

Distinguished experts − including lawyers, economists, academics, and officials of the European Commission and of Member State authorities − share their legal and economic experience, insight, and critique of EU State aid control as it stands.

Table of Contents

Editorial
Philipp Werner and Vincent Verouden

Chapter 1: Introduction – The Law and Economics of EU State Aid Control
Vincent Verouden and Philipp Werner

PART I – THE NOTION OF STATE AID

Chapter 2: Advantage
Giuseppe Conte and James Kavanagh

Chapter 3: State Measure
Rein Wesseling and Marieke Bredenoord-Spoek

Chapter 4: Selectivity
Michael Honoré

Chapter 5: Distortion of Competition and Effect on Trade
Jacques Derenne and Vincent Verouden

PART II – COMPATIBILITY OF STATE AID

Chapter 6: Compatibility of Aid – General Introduction
Leigh Hancher and Phedon Nicolaides

Chapter 7: General Block Exemption Regulation
Koert van Buiren and Alexander Rose

Chapter 8: Ex Post Evaluation of Aid
Xavier Boutin and Inkalotta Nuotio-Osazee

Chapter 9: Research, Development and Innovation Aid
Pascal Belmin and Hans Zenger

Chapter 10: Regional Aid
Hans W. Friederiszick and Massimo Merola

Chapter 11: Risk Finance Aid
Isabel Taylor and Albert Bravo-Biosca

Chapter 12: Rescue and Restructuring Aid
Ulrich Soltész and Bruce Lyons

Chapter 13: Services of General Economic Interest
Philipp Werner and Vincent Verouden PART III – STATE AID IN SPECIFIC

SECTORS

Chapter 14: Infrastructure Aid
Penelope Papandropoulos and Elisabetta Righini

Chapter 15: State Aid in the Broadband Sector
Hein Hobbelen and Oliver Stehmann

Chapter 16: State Aid in the Postal Services Sector
Alessandra Fratini and Khaled Diaw

Chapter 17: Transport Aid
Udo Woll and Andrew Meaney

Chapter 18: Energy and Environmental Aid
Kai Struckmann and Geza Sapi

Chapter 19: Aid to Broadcasting, Culture and Sport
Christine Gerlach and Dimitrios Pikios

Chapter 20: Aid in the Banking Sector
Stan Maes and Stephen Mavroghenis

Chapter 21: State Aid and Privatisation
Andreas von Bonin and Elisabeth Häringer