The State Aid Framework Within the European System. Evolution of Legislation and Objectives

Since 2001, the Danish government has wanted to privatize the public broadcaster TV 2; however, the sales process has been halted. Ap- parently the EU rules on competition block for the will of the majority in the Danish parliament. The presentation explains this paradox by de- scribing the historical development of two processes: the attempt to the privatize TV 2 and the state aid cases against TV 2, which were opened by the Commission and now pending at the Court of First In- stance. The conclusion finds no inconsistency between the govern- ment's wish and the rules on State aid, but TV 2 has unlawfully trans- ferred funding for programming to equity capital, and the Commissi- ons has misinterpreted the conditions for using Article 86(2) in the Treaty in the evaluation of the recapitalization of TV 2. These two processes now obstruct each other.

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Supporting entrepreneurship based on the state aid system in Poland

Ekonomiczne Problemy Usług ◽

10.18276/epu.2016.125-17 ◽

2016 ◽

Vol 125 ◽

pp. 213-224

Author(s):

Magdalena Kogut-Jaworska

Keyword(s):

State Aid ◽

The State

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Part I Rationales for State Aid Rules, 3 Evolution of State Aid Rules: Conceptions, Challenges, and Outcomes

State Aid Law of the European Union ◽

10.1093/law-ocl/9780198727460.003.0003 ◽

2016 ◽

Author(s):

Kreuschitz Viktor ◽

Nehl Hanns Peter

Keyword(s):

Economic Integration ◽

Action Plan ◽

National Policy ◽

Legal Framework ◽

State Aid ◽

The State ◽

Soft Law ◽

Policy Objectives ◽

The One ◽

Supranational Level

This chapter looks at the evolution of the legal framework for State aid during the past six decades of economic integration and addresses State aid rules in the context of balancing national policy objectives with the necessity to review aids at a supranational level. A dual trend emerges from the evolution of State aid rules over the last sixty years. On the one hand, the Court of Justice has played a key role in establishing new principles and designing rules governing State aid. In parallel, the Commission also acts as a rule-maker, by introducing relevant soft law and regulatory texts. In this context, the adoption of the Procedural Regulation in 1999 can be regarded as a turning point in the codification and development of State aid rules. The development of State aid is, however, not completed, as reflected in the last reforms of the State Aid Action Plan and the State Aid Modernization initiative.

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The Implementation of the State Aid Framework and the Protection of Rights in Tax Matters. The Italian Experience

The Role of State Aid in the European Fiscal Integration ◽

10.1007/978-3-030-88735-3_5 ◽

2022 ◽

pp. 213-257

Author(s):

Rossella Miceli

Keyword(s):

State Aid ◽

The State ◽

Italian Experience

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8. Competition, the State, and Public Undertakings: Article 106 TFEU

Jones & Sufrin's EU Competition Law ◽

10.1093/he/9780198824657.003.0008 ◽

2019 ◽

pp. 582-641

Author(s):

Alison Jones ◽

Brenda Sufrin ◽

Niamh Dunne

Keyword(s):

Direct Effect ◽

Competition Law ◽

Case Law ◽

State Aid ◽

The State ◽

Economic Interest ◽

Inequality Of Opportunity ◽

Dominant Position ◽

Privileged Position ◽

General Economic Interest

This chapter examines how competition law applies to the actions of the State when it intervenes in the market through undertakings which it controls or owns or which it places in a privileged position. The discussion includes the principle of Union loyalty in Article 4(3) TEU; Article 106(1); Article 106(2); and the Commission’s supervisory and policing powers in Article 106(3). Article 106(1) is a prohibition addressed to Member States against enacting or maintaining in force any measure in relation to public undertakings or undertakings to which they have granted special or exclusive rights which are contrary to the Treaty rules. The chapter discusses what is meant by ‘public undertakings’ and ‘special or exclusive rights’ and examines in the light of the case law what measures are forbidden by Article 106(1), including those involving the cumulation of rights, the extension of a dominant position from one market to another, and the creation of situations of inequality of opportunity. Article 106(2) gives a limited derogation from Article 106(2) to undertakings entrusted with the operation of services of general economic interest (SGEIs). The chapter discusses the concept of ‘services of general economic interest’ and examines the cases in which the derogation has been applied or not applied, including the application of Article 106(2) to compensation for the provision of SGEIs which constitutes State aid. The chapter also considers Article 106(3) and the question of the direct effect of Article 106(1) and (2).

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