European Community law on state aid

Author (Person)
Publication Date 1998
ISBN 0-421-54580-1
Content Type

This book provides a thorough, up-to-date and authoritative review of current European Community law and procedure in the field of state aid, a key part of EC competition law. It is aimed at both the academic and practising lawyer.

It provides a comprehensive overview of the State aid rules in Articles 92-94 EC and explains the relevance of this law to lawyers advising commercial businesses and financial lending institutions, as well as local government and other public authorities involved in providing public assistance (such as grants and loans) to inward investors and other private sector bodies.

The book provides helpful guidance on available automatic exemptions under Article 92(2) EC or discretionary exemptions under Article 92(3) EC. It includes guidance on de minimis aid, aid to small and medium-sized enterprises (SMEs), and also for undertakings in deprived urban areas. Some special problems with specific forms of aid, such as land sales by public authorities, are also examined in detail.

The various policy frameworks for different types of aid including regional, sectoral and horizontal aid are clearly and succinctly explained. Selected sectoral frameworks for steel, coal and the motor vehicle industry are examined in detail. Horizontal aid policies cover research and development, employment, environment, and rescue and restructuring aid.

The book also examines aid to public sector undertakings including the relevance of Article 90 EC. It considers issues of transparency of such aid to public undertakings, the impact on privatisation and examination of the application of the market economy investor principle.

Detailed analysis is provided on the notification procedures of aid by the Member States to the European Commission and the distinction between new and existing aid. Reporting obligations and annual reports required of Member States are also discussed. The implications of illegal aid and its recovery are examined including the role of national courts.

Commission proposals for the development of State aid, including a Regulation under Article 94 EC, a draft procedural regulation and multisectoral framework, are highlighted.

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