Horizontal Enforcement in the EU: The BSE Case and the Case of State Aid Control

2003 ◽  
pp. 201-224 ◽  
Author(s):  
Jürgen Neyer ◽  
Dieter Wolf
Keyword(s):  
State Aid ◽  
State Aid Control ◽  
The Eu

scholarly journals Comparative Analysis of State Aid and Competitiveness of the Republic of Serbia and the Neighbouring Countries

2019 ◽  
Vol 8 (3) ◽  
pp. 21-38 ◽  
Author(s):  
Snežana Radukić ◽  
Vesna Vučetić
Keyword(s):  
State Aid ◽  
The European Union ◽  
Positive Effects ◽  
National Competitiveness ◽  
Market State ◽  
Accession Process ◽  
The Republic ◽  
State Aid Control ◽  
Effective Use ◽  
The Eu

Abstract This paper analyses state aid, as a type of measure for intervention in the economy, which should aim to improve competition in market. State aid was analysed in terms of its volume and structure in the Republic of Serbia, as well as comparatively in some neighbouring countries from the region. Special attention was given to specifics of Serbian state aid in the context of the European Union accession, as well as to efficiency of the state aid and its impact on the national competitiveness. The main objective of the paper is to point out the necessity of state aid measures, especially in the case of developing countries, as well as the necessity of more efficient and effective use of state aid. Also, the paper will point out weaknesses that occur when decisions about provision and implementation of state aid are made, and to stress out the need to improve horizontal, sectoral and regional allocation of state aid in order to achieve positive effects on the competitiveness of economy in Serbia, Montenegro, and Bosnia and Herzegovina. Finally, the paper emphasizes the importance of building an efficient state aid control system in the process of fulfilling the pre-accession obligations of the observed countries in the EU accession process.

Part II The Notion of State Aid, 7 European Structural and Investment Funds and State Aid Control: Two Policies at Odds with Each Other?

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
State Aid ◽  
Cohesion Policy ◽  
Administrative Structure ◽  
Investment Funds ◽  
Shared Management ◽  
Fundamental Uncertainty ◽  
State Aid Control ◽  
The Relationship ◽  
State Aids ◽  
The Eu

This chapter looks at the relationship between the European Structural and Investment (ESI) Funds and State aids, two conflicting but often complementary policy areas, both in conceptual but also in practical terms. There is a fundamental uncertainty surrounding the qualification of ‘EU Funds’ as State aids which can be attributed in part to the complex legal contours and administrative structure of the ‘EU Funds’ and the shared management that governs this policy, and in part to the absence of clear rules with respect to the relationship between ESI Funds and State aids. The complex procedures underpinning the ESI Funds have inevitably blurred the lines between the responsibilities and the powers of the EU and the Member States. At the same time, evidence shows that the complex rules that govern the ESI Funds and the constraints imposed by State aid compliance might frustrate EU Cohesion policy purposes.

scholarly journals State aid and fair competition

2020 ◽  
Vol 59 (88) ◽  
pp. 71-92
Author(s):  
Ljubica Nikolić
Keyword(s):  
Economic Efficiency ◽  
Market Competition ◽  
Legal Regulation ◽  
State Aid ◽  
Fair Competition ◽  
State Aid Control ◽  
Favorable Conditions ◽  
The Impact ◽  
Aid Policy ◽  
The Eu

State aid (giving economic advantage to certain economic entities or groups of economic entities by granting subsidies and loans under more favorable conditions, state guarantees, tax breaks and tax exemptions, selling public property under particularly favorable conditions, etc.) may be economically justifiable but entails the risk of distortions of market competition. The EU has strict rules in the area of providing and controlling state aid, which aim to minimize state aid while minimizing competition. Fulfilling some of the commitments undertaken in the EU accession process, the Republic of Serbia passed the State Aid Control Act in 2009, which ceased to be valid with the adoption of a new State Aid Control Act in 2019. The share of state aid in Serbia's GDP is substantial but insufficiently transparent, which justifiably raises the issue of its impact on fair competition. The reform of the Serbian state aid policy is necessary, first and foremost, in order to significantly reduce this aid and to properly select the beneficiaries. The starting point for an effective state aid policy is legal regulation and its implementation but, above all, the genuine independence and responsibility of the institutions in charge of controlling its implementation. It is necessary to find modalities that will ensure that the general interest and economic efficiency are above individual interests. This paper aims to promote awareness about the impact of state aid on economic efficiency, to analyze the legal solutions and the institutional framework in this field in Serbia, and to present the EU state aid policy. The emergence of excessive, improperly selective and uncontrolled state aid can have profound negative consequences on social well-being, for which reason it is necessary to properly standardize and implement the rules envisaged in this area of law.

Part VI Other Procedures Related to the Application of the Antitrust Rules, 16 Infringements of the Antitrust Rules by the EU Member States

2020 ◽  
Author(s):  
Mamdaniová Eliška
Keyword(s):  
Member State ◽  
Legal System ◽  
State Aid ◽  
Member States ◽  
Eu Member States ◽  
State Behaviour ◽  
State Aid Control ◽  
Specific Obligation ◽  
The Eu

This chapter looks at the procedure for the enforcement of antitrust rules in case of infringements by Member States. The ability of Member States to distort competition has been accordingly reflected in the EU legal system. Member States are subject to a specific obligation to respect the provisions of the Treaty under Article 106 TFEU; they are obliged to adhere to the principle of sincere cooperation as reflected in Article 4(3) TEU; and any support to companies they wish to grant is subject to state aid control. Furthermore, the general infringement procedure pursuant to Article 258 TFEU can be used to hold a Member State liable for any breach of the Treaty rules. The chapter deals with procedural rules relating to the former two forms of state behaviour captured by Article 106 TFEU and Article 4(3) TFEU—in conjunction with Articles 101 or 102 TFEU.

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