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EU State Aid Law

Emerging Trends at the National and EU Level Edited by Pier Luigi Parcu, European University Institute, Italy and Giorgio Monti, European University Institute, Italy and University of Tilburg, the Netherlands and Marco Botta, European University Institute, Italy and the Max-Planck- Institut für Innovation und Wettbewerb, Germany
The recent State Aid Modernization has decentralized the enforcement of State aid law. In particular, under the General Block Exemption Regulation a number of aid schemes do not require the preventive “check” by the European Commission, while national courts play a growing role in private enforcement of State aid law. This insightful book analyzes the enforcement of State aid law in the aftermath of the State Aid Modernization, identifying a number of emerging trends at the national and EU level.
Extent: c 272 pp
Hardback Price: $140.00 Web: $126.00
Publication Date: February 2020
ISBN: 978 1 78897 524 7
Availability: Not yet published
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  • Law - Academic
  • Competition and Antitrust Law
  • European Law
Recent years have seen significant evolution in the European Commission’s approach to State aid policy. This thought-provoking book analyses the enforcement of State Aid law in the aftermath of the State aid Modernization initiative, identifying a number of emerging trends at both national and EU level.

Eminent scholars unpack the recent developments that have contributed to the decentralization of the enforcement of State Aid law, including the General Block Exemption Regulation which allows a larger number of aid schemes to be implemented by national authorities without prior notification to the European Commission. Timely contributions also consider the increasing role of national courts in the enforcement of State aid rules, as well as the Commission’s current reliance on State Aid policy to pursue common objectives of EU interest, thus shaping a de facto EU industrial policy.

This discerning book is a key resource for students and scholars specializing in both State Aid law and EU law more widely. Containing detailed analysis of the legal and economic consequences of State Aid Modernization, EU State Aid Law will also interest practitioners, economists, and public officials involved in State Aid enforcement.
Contributors include: M. Boccaccio, M. Botta, G. Bruzzone, F. Caliento, S. Donzelli, A. Heimler, M. Merola, G. Monti, P.L. Parcu, F, Pastor-Merchante, J.J. Piernas López, M.A. Rossi, A. Scott, J. Weinzierl, B. Willemot-Nieuwenhuys

Contents

Preface
Pier Luigi Parcu, Giorgio Monti and Marco Botta

1. Introduction
Pier Luigi Parcu, Giorgio Monti and Marco Botta

2. Is the notion of aid broadening or shrinking over time, and if so why? A subjective view on the rationale of the case law
Massimo Merola and Filippo Caliento

3. State aid control: recent developments and some remaining challenges
Alberto Heimler

4. Infrastructures and SGEI: the scope of State aid control and its impact on national policies
Ginevra Bruzzone and Marco Boccaccio

5. State aid Policy in the Broadband Sector: Public Announcements, Investments and Crowding Out
Pier Luigi Parcu and Maria Alessandra Rossi

6. The functions of national courts in the private enforcement of State aid law
Fernando Pastor-Merchante and Giorgio Monti

7. New Trends in the State Aid Enforcement by National Courts: Damages Claims and the State Aid Cooperation Tools
Simone Donzelli and Bernadette Willemot-Nieuwenhuys

8. A Recipe for Confusion: parallel treaties and parallel proceedings in State aid cases
Adam Scott

9. Recent developments in German State Aid jurisprudence: a scrutiny from the perspective of the preliminary reference procedure (Art. 267 TFEU)
Josef Weinzierl

10. Enforcement of State aid law at the national Level – recent trends in Spain
Juan Jorge Piernas López

Index