Part II The Notion of State Aid, 1 Criterion of State Origin

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
European Union ◽  
State Aid ◽  
The State ◽  
Public Authority ◽  
The European Union ◽  
State Aids

This chapter identifies the criterion for assessing State origin. Determining whether a measure originates from State sources is a decisive criterion to assess whether the measure is a State aid within the meaning of Article 107 of the Treaty on the Functioning of the European Union (TFEU). This criterion involves two separate and cumulative sub-criteria: the direct or indirect granting of State resources and the imputability of the measure to the State. Accordingly, advantages granted directly or indirectly through State resources constitute State aids within the meaning of Article 107(1) TFEU. Meanwhile, the State ‘imputability’ criterion is easily fulfilled when the aid is granted by a public authority or by a public or private body which is designated to administer the measure.

scholarly journals Relevance of the Court Decision on the Hinkley Point Nuclear Power Plant in Relation to Paks II

2021 ◽  
Vol 30 (2) ◽  
pp. 305
Author(s):  
Dóra Lovas
Keyword(s):  
European Union ◽  
Power Plant ◽  
Nuclear Power Plant ◽  
European Commission ◽  
Energy Security ◽  
Nuclear Power ◽  
Nuclear Energy ◽  
State Aid ◽  
The State ◽  
The European Union

<p>The aim of the article is to present the ruling of the Court of Justice of the European Union (CJEU) in the case of the Hinkley Point C nuclear power plant. This investment can also be related to the Paks II nuclear power plant investment, therefore the two investments are compared too. Both projects were examined by the European Commission, which take an important part when the national aid was awarded to Hinkley Point C and Paks II projects, and the decision of the CJEU also had influence on it. The author considers the European Commission’s aid conception positive, because the less developed countries are not forced to use only the renewables, but the environmental and security aspects of nuclear energy are also allowed (e.g. Hinkley Point C and Paks II nuclear power plants). The subsidy was allowed in both cases, but the reasons are different. In these cases, the limits of the EU energy politics can be seen, i.e. the right to select the package and the priority of the energy security and sustainable development. To mention an example for the difference, in Great Britain the energy sector was divided among the participants on the market but in Hungary the nuclear energy remained under state control. In the first option the state wanted to prove that it grants offset for the help to the general market services and in the second option the market investor principle was highlighted in order to show no other market participant act in other way. These points were not accepted, the state aid was provided both cases with permissible reasons because the projects condescend the goals of environmental policy and energy security. The decisions show that as a result of the efforts to protect the environment the dependency on energy increased and it cannot be solved only be encouraging the usage of the renewables. The permissive attitude of the European Commission can be found here and it is influenced by the increased state regulative roles. According to the author, it also appears in the environmentally friendly decisions which refers to the Paris Agreement’s fulfilment and the involvement of environmental requirements into politics. Moreover, the European Union tries to maintain its leader role in economics, which can be reached by the decrease of energy dependency and the exclusive usage of renewable energies is not the appropriate solution. The CJEU judgement is relevant in several respects. The article focuses primarily on the issue of environmental protection, state aid and the relation between the Euratom Treaty and the Treaty on the Functioning of the European Union.</p>

Value and Structure of Public Aid in Poland Against the European Union Background During the Years 2007-2012

2014 ◽  
Vol 9 (1) ◽  
pp. 17-29
Author(s):  
Roman Kisiel ◽  
Małgorzata Kamińska ◽  
Wiesława Lizińska
Keyword(s):  
European Union ◽  
European Commission ◽  
Consumer Protection ◽  
State Aid ◽  
The State ◽  
The European Union ◽  
The Public ◽  
Public Aid ◽  
Increasing Trends ◽  
The Eu

Evaluation of changes in the value and structure of public aid in Poland and EU during the years 2007-2012 was the objective of the paper. The data from reports by the Office of Competition and Consumer Protection as well as data from the State Aid Scoreboard published by the European Commission based on the information provided by the Member States concerning that aid was used. In Poland, evident increasing trends of the horizontal aid value can be observed. In 2012, as compared to 2007, it increased by 0.5 billion euro to the level of 1.64 billion euro. Its share in the total value of support oscillates within 55-60% range. In the European Union that share is generally at the level of 70-74%. In Poland, the sectoral aid is limited gradually although its magnitude still differs from the Union standards. In 2012, the share of that aid was relatively small at ca. 14% while in the EU it was 12.9%. The regional aid is at the similar level both in Poland and in the EU oscillating around 20%. However, in 2012, the share of regional aid in Poland increased to the level of 26% and it was higher by 8 pp than the share of that aid in the EU. Significant differences are characteristic for the share of the aid in the GDP. During the period covered by the study the largest differences occurred in 2010 when the share of support in Poland was 1.7% of the GDP and in the EU 0.6% of the GDP. In 2012, a half of the public aid in Poland was allocated to large enterprises. 

scholarly journals Public Aid and Entrepreneurship During the Covid-19 Pandemic in the European Union Countries

2021 ◽  
Vol 3 (31) ◽  
pp. 57-77
Author(s):  
Małgorzata Jabłońska ◽  
Joanna Stawska ◽  
Radosław Dziuba ◽  
Mahmut Tekce ◽  
Marta Krasoń
Keyword(s):  
European Union ◽  
Local Government ◽  
State Aid ◽  
The State ◽  
Insurance Fund ◽  
The European Union ◽  
Public Aid ◽  
The Government ◽  
European Investment ◽  
The Impact

The aim of the article: The outbreak of the Covid-19 pandemic made it necessary to involve the state in the process of rescuing numerous business entities from bankruptcy. In the European Union, the aid measure for entrepreneurs takes a form of public aid, which, as it turns out, is the necessary and the only tool to protect SME sector enterprises against bankruptcy. Social isolation caused by the virus that spread on a large scale effectively inhibited the development of entrepreneurship, which is inherently related to the economic development of countries. The aim of the article is therefore to indicate that supporting entrepreneurs within the framework of public aid may help to reverse the unfavorable economic trends related to the disturbed development of entrepreneurship. Methodology: The article analyzes and assesses the government solutions introduced to the Polish economic reality, the purpose of which is to counteract the effects of Covid-19. The paper presents the current public aid tools available to entrepreneurs along with their financial dimension. Results of the research: State aid granted by the state to entrepreneurs during the crisis caused by Covid-19 is indispensable for their further functioning. The paper presents aid instruments related to COVID-19 that are available to entrepreneurs. The analysis shows that public aid addressed to entrepreneurs injured as a result of the lockdown comes from many sources and is almost tailored to the individual entrepreneur. The entities providing aid on the basis of state aid include: banks, local government units, executive bodies of local government units, Social Insurance Fund, State Fund for Rehabilitation of Disabled People, financial intermediaries, bodies constituting local government units, the European Investment Bank, Polish Development Fund, district and voivodeship labor offices and BGK (Bank Gospodarstwa Krajowego). Having prepared a package of systemic solutions, the government introduced them systematically, depending on the situation of individual sectors of the economy. Special solutions in the form of financial shields were addressed directly to the tourism sector (e.g. loans for tour operators) or the catering sector, which in the face of the pandemic were most exposed to a decrease in revenues. The impact of introduced solutions on the country’s economy can be assessed only in the next few years, but the multitude and diversified nature of the anti-crisis solutions introduced in Poland will certainly contribute to slowing down the negative consequences of Covid-19 in the economy.

scholarly journals EUROPEAN UNION REGULATION OF STATE AIDS AND PROFESSIONAL FOOTBALL (PART 1)

2020 ◽  
pp. 72-82
Author(s):  
Ramón Terol Gómez
Keyword(s):  
European Union ◽  
Professional Sports ◽  
Internal Market ◽  
State Aid ◽  
Professional Football ◽  
The European Union ◽  
European Union Law ◽  
Commission Regulation ◽  
Council Regulation ◽  
State Aids

1. Introducción: la problemática compatibilidad de la financiación pública del deporte (fútbol) profesional con el régimen de ayudas de Estado de la Unión Europea. 2. Referencia a las previsiones del Derecho de la Unión Europea sobre ayudas de Estado. 2.1. La regulación de los artículos 107 a 109 TFUE. 2.2. La referencia al deporte del Reglamento (UE) 2015/1588, del Consejo, de 13 de julio de 2015, sobre la aplicación de los artículos 107 y 108 del TFUE a determinadas categorías de ayudas estatales horizontales. 2.3. La financiación de infraestructuras deportivas en el Reglamento (UE) № 651/2014, de la Comisin, de 17 de junio de 2014, por el que se declaran determinadas categorías de ayudas compatibles con el mercado interior en aplicación de los artículos 107 y 108 TFUE.  1. Introduction: the problematic compatibility of public financing of professional sports (football) withthe State aid scheme of the European Union. 2. Reference to the provisions of European Union Law on State aid. 2.1. The regulation of articles 107 to 109 TFEU (Treaty on the Functioning of the European Union). 2.2. The reference to the sport of Council Regulation (EU) 2015/1588 of 13 July 2015 on the application of Articles 107 and 108 TFEU to certain categories of horizontal state aid. 2.3. The financing of sports infrastructures in Commission Regulation (EU) № 651/2014 of 17 June 2014, declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 TFEU.

scholarly journals State aid to airports as a problem of competition in the EU

2021 ◽  
Author(s):  
Stanislava Furčáková ◽  
◽  
Anna Tomová
Keyword(s):  
European Union ◽  
European Commission ◽  
State Aid ◽  
The European Union ◽  
Time Duration ◽  
Member States ◽  
State Aids ◽  
The Eu

The paper deals with the issues of state aid to airports in the context of pandemic and competition in the European Union. Covering the current pandemic, the paper brings findings on the number of state aid cases, forms of state aids, chronology of state aids, and the time duration between the notification and the decision of European Commission. In the conclusions, old member states of the European Union are compared with newer member states in this regard. As it shows that European Commission understands current aviation situation and approves measures notified by the Member states of Union.

scholarly journals De minimis state aid

2021 ◽  
Vol 59 (2) ◽  
pp. 87-106
Author(s):  
Nebojša Jovanović
Keyword(s):  
European Union ◽  
State Aid ◽  
The State ◽  
Economic Conditions ◽  
Eu Law ◽  
State Aids ◽  
The Eu

In this paper the author analyses de minimis state aid as an exception from the principle of prohibiting the state to help some undertakings in order not to privilege them among other undertakings and to violate their equality on the market. Author explains the notion of de minimis aid, justification of this exception from the prohibition of granting the state aid, privilege that its provider and beneficiary enjoy in comparison with other types of allowable ("compatible") state AIDS, as well as the methods of preventing the circumvention of rules about its granting. Th e author compares the rules of European Union and Serbia in this question, pointing to differences between them. Th e conclusion is that Serbia regulates de minimis aid superficially and vaguely, with important deviations from the EU law. Besides, author contemplates the adequacy of the EU allowable sum of de minimis aid within Serbian economic conditions.

Russia - European Union: The continuation ofthe sanctions standoff

2017 ◽  
pp. 114-127
Author(s):  
M. Klinova ◽  
E. Sidorova
Keyword(s):  
European Union ◽  
Economic Recession ◽  
Economic Sanctions ◽  
Current Data ◽  
The State ◽  
The European Union ◽  
The Impact ◽  
The Eu ◽  
Year 2013

The article deals with economic sanctions and their impact on the state and prospects of the neighboring partner economies - the European Union (EU) and Russia. It provides comparisons of current data with that of the year 2013 (before sanctions) to demonstrate the impact of sanctions on both sides. Despite the fact that Russia remains the EU’s key partner, it came out of the first three partners of the EU. The current economic recession is caused by different reasons, not only by sanctions. Both the EU and Russia have internal problems, which the sanctions confrontation only exacerbates. The article emphasizes the need for a speedy restoration of cooperation.

The state of democracy in the European Union in scenarios: federation, empire and Europe à la carte

2016 ◽  
pp. 90-108
Author(s):  
Marta Witkowska
Keyword(s):  
European Union ◽  
Reference Point ◽  
The State ◽  
The European Union ◽  
Scenario Development ◽  
Normative Approach ◽  
Norms And Values ◽  
The Subject ◽  
The Eu ◽  
A La Carte

The aim of the article is to present possible scenarios on maintaining democracy in the EU, while assuming different hypothetical directions in which it could develop as a federation, empire and Europe à la carte. Selected mechanisms, norms and values of the EU system that are crucial for the functioning of democracy in the European Union are the subject of this research. The abovementioned objective of scenario development is achieved through distinguishing the notions of policy, politics and polity in the research. In the analysis of the state of democracy in the European Union both the process (politics) and the normative approach (policy) have been adopted. The characterised norms, structures, values and democratic procedures in force in the EU will become a reference point for the projected scenarios. The projection refers to a situation when the existing polity transforms into a federation, empire or Europe à la carte. The article is to serve as a projection and is a part of a wider discussion on the future of the basis on which the European Union is build.

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